Original title: Focus Interview | Clever mediation to resolve knots
The foundation is not strong and the earth is shaking. How to resolve conflicts at the grassroots level is the most prominent task facing grassroots governance. The people's mediation system is a non-litigation dispute resolution system with Chinese characteristics for resolving conflicts stipulated in our country's constitution. People's mediation follows the principles of reasonableness, legality, voluntariness and equality, plays a fundamental role in the prevention and resolution of conflicts and disputes, and has become the most important way to resolve grassroots conflicts. In recent years, various regions have explored many effective and effective ways to resolve conflicts and disputes in people's mediation work.
Zhu Guiman, Director of the People's Mediation Committee of Kaiyuan Community, Taiping Street, Xiangqiao District, Chaozhou City, Guangdong : We Chaozhou people have a saying, "It is better to go without food for three days than to go without tea for one day." Tea is thin and human kindness is thick, come and drink tea when you have time. I am Zhu Guiman, director of the People’s Mediation Committee of Kaiyuan Community, Taiping Street, Xiangqiao District, Chaozhou City. In the residents’ meeting hall of our community, residents come to drink tea every day. Sip a cup of tea slowly, and many conflicts and disputes will slowly be resolved.
A few months ago, Zhu Guiman invited a pair of residents to the council hall for tea. They were neighbors upstairs and downstairs, and they had a dispute over the noise caused by the renovation.
Zhu Guiman, Director of the People's Mediation Committee of Kaiyuan Community, Taiping Street, Xiangqiao District, Chaozhou City, Guangdong : There is a saying in Chaoshan, "Tea, three wines, four kicks (for fun) two." When we Chaoshan people drink Gongfu tea, we usually place only three teacups in a row with the word "pin" in them. Drinking tea shows one's character. At the same time, the finished product with three cups can achieve the artistic conception of "harmony", which is exactly in line with the connotation of our mediation work. The three tea cups just represent the mediator and reconcile the two parties to the conflict.
While making tea, Zhu Guiman listened to the statements of both parties to the conflict and carefully identified what type of conflict it was. Zhu Guiman said that this was like washing tea and scraping foam to remove impurities. He analyzed the causes of their conflicts and found out the crux of the dispute. This dispute is caused by the fact that the decoration team hired by the residents downstairs often does not decorate within the time specified by the state in order to meet the construction deadline. The neighbors upstairs have children, and the noise from the decoration disturbs the children's sleep and rest.
Zhu Guiman, director of the People's Mediation Committee of Kaiyuan Community, Taiping Street, Xiangqiao District, Chaozhou City, Guangdong : During the mediation process, I made tea for them while understanding the positions and demands of both parties, and grasping the old rule of "even distribution of tea" , impartial, impartial, fair, reasonable and empathetic, with a sense of proportion and appropriate mediation. Just like when we make tea, we pay attention to "70-80% tea" to avoid "cheating guests with too much tea" and intensifying conflicts. I advised the two neighbors to give way to each other and think about it in another person's shoes. It is important for neighbors to live in peace with each other.
Community resident Ms. Su : Seeing her making tea makes me feel relaxed. Everyone valued peace, and he agreed to give in. They would start construction after 8 a.m. during the working hours specified by the state, and try to minimize the impact on us.
Community resident Mr. Zhang : Now we have shaken hands and made peace, and our relationship is very good. When she is fine, she brings her children to my place to drink tea. We in Chaozhou are like tea everywhere, and there is nothing that cannot be solved by a cup of tea. .
While drinking tea, he was mediating conflicts and disputes. What guided Zhu Guiman to successfully mediate conflicts and disputes between neighbors this time was the "six-step tea culture mediation method" summarized by Chaozhou, including: recognizing tea, identifying conflicts; waking up from tea, and tracing the source. ; Make tea, be fair and just; pour tea, be measured; serve tea, treat each other with courtesy; understand tea, relieve the knot in your heart.
Zhu Guiman, director of the People's Mediation Committee of Kaiyuan Community, Taiping Street, Xiangqiao District, Chaozhou City, Guangdong : "The six-step mediation method of tea culture", the core of which is the spirit of "harmony" and "respect" of tea culture, serving tea to each other politely, and Harmony is valuable, and harmony brings wealth. Many of the conflicts and disputes between neighbors at the grassroots level are trivial matters. I often advise tea drinkers to pick up the tea cup and be able to put it down.
Nowadays, the "tea culture six-step mediation method" has become a common practice in Chaozhou City, Guangdong Province to resolve grassroots conflicts and disputes, and has achieved positive results.In the past two years, nearly 5,000 conflicts and disputes have been successfully mediated and filed, and a large number of conflicts and disputes have been resolved in the bud.
Weng Zhenshen, Party Secretary and Director of the Judicial Bureau of Chaozhou City, Guangdong : At the beginning, the use of tea culture was unconscious. Later, we found that this method was more effective in practice, so we summarized and refined the tea culture mediation method. During the mediation process, the work is more targeted, the operation is more standardized, the efficiency is higher, and the effect is better.
Chen Xudong, Secretary of the Party Committee and Director of the Guangdong Provincial Department of Justice: We combine people’s mediation with Guangdong’s traditional culture and customs, and a cup of tea relieves the knot. We are now sublimating and refining these experiences pioneered by the grassroots, and in Copy and promote throughout the province.
In addition to the "tea culture six-step mediation method", all parts of the country are actively exploring grassroots governance methods to resolve conflicts and disputes. In the bustling international commodity market, Yiwu International Trade City, Zhejiang Province, there is a special People's Mediation Committee, which mediates foreign-related conflicts and disputes. Some of the mediators participating in the mediation have foreign faces and they are selected foreigners. mediator.
Luo Yuejun, Director of the People's Mediation Committee for Foreign-Related Disputes in Yiwu, Zhejiang : As the capital of small commodities in the world, Yiwu has 15,000 resident foreign businessmen and has active foreign trade exchanges, among which some trade frictions and disputes will inevitably arise. In accordance with the new characteristics of conflicts and disputes in the new era, we have established a dense mediation network for conflicts and disputes, and have kept pace with the times to carry out mediation of foreign-related conflicts and disputes.
At the People's Mediation Committee for Foreign-Related Disputes in Yiwu City, the reporter personally experienced the mediation of foreign-related disputes. The mediators presiding over the mediation were Chinese mediator Pan Huabin and Iraqi mediator Kamilai. The two parties involved in the dispute were Ms. Lin, a merchant from Yiwu International Trade City, and An Feng, a foreign businessman from Yemen.
In August 2023, An Feng ordered a batch of medals from Ms. Lin’s shop, with a total payment of 70,000 yuan, and An Feng paid a deposit of 5,000 yuan. When the agreed delivery time arrived, An Feng discovered that some of the goods were defective. The two parties agreed to rework the goods before delivering the goods. Because the rework took a long time and exceeded the final delivery time, An Feng refused to accept the goods and asked Ms. Lin to return the deposit.
During the mediation, Kamilai kept communicating with An Feng in Arabic. An Feng also told the real reason for rejecting the goods. It was because the customer who ordered the medals from him canceled the order because the delivery date was missed.
One party has customized goods that are stuck in the warehouse and faces losses. The other party will also suffer deposit losses if it refuses to accept the goods. Both parties are unwilling to give in, and the mediation reaches a deadlock. After discussion, the two mediators decided to conduct "back-to-back" mediation for both parties. Camilai took An Feng to another room for mediation. Kamilai has been a mediator of the Yiwu People's Mediation Committee for Foreign-Related Disputes for 6 years. He has been doing business in Yiwu for 17 years and has rich foreign trade experience.
Kamilai told An Feng that one of the reasons that caused Ms. Lin to rework and meet the deadline was that An Feng, as an intermediary, did not understand the correct style of products that customers needed at first. According to the general rules of doing business, customized products cannot be rejected. It is recommended that he accept the goods to avoid loss of deposit.
Returned to the mediation site. After communicating with Ms. Lin, Ms. Lin finally agreed to the mediation plan proposed by Camilai. Without deducting the deposit, Anfeng will be responsible for selling the goods overseas for a period of three months, and the actual payment will be paid based on the sales. Both sides shook hands and made peace.
Luo Yuejun, director of the People's Mediation Committee for Foreign-Related Disputes in Yiwu, Zhejiang : Our foreign mediators have natural advantages in mediating with external parties to resolve foreign-related conflicts and disputes. Foreign businessmen have a natural sense of identification and psychological trust in them. They share a common language and are similar. The thinking mode makes their communication more acceptable.
In the mediation room, there is a row of national flags of different countries, representing the nationalities of the foreign mediators recruited and selected by the Yiwu Foreign Mediation Committee. The foreign mediators are hired once a year and have strict standards. The 14 foreign mediators selected in 2023 come from 13 countries.
Luo Yuejun, director of the People's Mediation Committee for Foreign-Related Disputes in Yiwu, Zhejiang : When we select foreign mediators, we require them to be proficient in three languages including Chinese, have no illegal records in China, and have a registered trading company in China. Must be in good condition.
In order to help foreign mediators master Chinese legal knowledge, the Yiwu Municipal Foreign Mediation Committee also regularly organizes experienced judges and lawyers to provide them with training and guidance, and establishes a "1+1" pairing mechanism between foreign-related lawyers and foreign mediators to provide legal advice and assistance at any time. .
In order to give full play to the unique role of foreign mediators as "international old uncles", the Yiwu Municipal Foreign Mediation Committee has also set up mediation rooms in communities where foreigners live concentratedly, and integrated the mediation of foreign-related disputes into community grid management to facilitate the masses and foreign businessmen to seek mediation nearby. Serve. In the 10 years since its establishment, the Yiwu Foreign Mediation Committee has successfully mediated 1,219 foreign-related disputes with the participation of foreign mediators, involving a total amount of 132 million yuan.
Luo Yuejun, Director of the People's Mediation Committee for Foreign-Related Disputes in Yiwu, Zhejiang : Using foreign mediators as a bridge for communication and mediation can not only resolve "legal knots" but also resolve "heart knots", which can promote the integration of people's hearts and mediate foreign-related conflicts and disputes among the people, The solution is in the market, and the solution is in the bud.
Doing a good job in mediation in the new era is an effective way to improve the social governance system and promote grassroots social governance. It can resolve conflicts and disputes early and in a timely manner, and effectively prevent ordinary civil disputes from turning into public security administrative violations and intensifying into criminal cases. . At present, all villages (communities), towns (subdistricts), key industries, and professional fields across the country have basically achieved full coverage of people’s mediation organizations. In 2022, the National People's Mediation Committee and people's mediators mediated 14.94 million conflicts and disputes of various types. A large number of conflicts and disputes were resolved by the "line of defense" of people's mediation before they became lawsuits, which effectively promoted and guaranteed social harmony and grassroots stability.
Editor | Qu Guixiang Mao Chuming
Videography | Fu Peng Wu Suibin
Editing | Zhou Wei Zheng Yu
Planning | Yu Renshan
Source: CCTV News Client
