Can you obtain a mediation agreement and seek mediation from the neighborhood committee at your doorstep to resolve conflicts and disputes | Procedure | Neighborhood Committee
Social governance is a complex system engineering, and adjusting interest relationships often affects the whole body. How to further strengthen people's mediation and highlight the fundamental role of people's mediation in preventing and resolving conflicts at the source. At the research symposium on diversified dispute resolution held by the Municipal People's Congress on June 8th, Huang Xiujuan, Secretary of the Party Working Committee of Xinjiangwancheng Street, believed that the public's awareness and sense of identification with diversified dispute resolution work still need to be improved.
According to the Shanghai Regulations on Promoting Diversified Dispute Resolution, this city is actively exploring the construction of a diversified dispute resolution mechanism that prioritizes mediation, ends litigation, connects organically, coordinates and links, and is smart and convenient for the people. Sun Yu, a representative of Yangpu District People's Congress and partner of Shanghai Kaizheng Law Firm, mentioned that when people encounter conflicts and disputes, they often choose to sue, and some cases are returned to the mediation center by the court for mediation. "When providing legal services in the community, we found that some conflicts and disputes can be resolved through mediation first, without the need for litigation." In Sun Yu's view, the judicial confirmation rate of mediation agreements is not high enough, which to some extent affects the credibility of dispute resolution work. For example, if the neighborhood committee successfully mediates a conflict or dispute, the public needs a legally binding mediation agreement. However, in practice, the judicial confirmation process is relatively vague. Suggest improving territorial resolution. For cases that have been successfully mediated, the mediation committee should prepare a mediation agreement and transfer it to the judicial confirmation process. "In this way, residents will give priority to seeking the neighborhood committee and resolving conflicts and disputes at their doorstep."
"From the perspective of data, the number of people's mediation cases is increasing, and the resolution rate is also getting higher. However, the contradiction of more court cases and fewer people still exists." Liu Zhengdong, a representative of the Municipal People's Congress, said that there are currently two mediation platforms in this city, one is the "dispute resolution one matter" platform and the other is the "diversified dispute resolution platform" of the court system. And there is a "two skin" phenomenon of poor connection between these two platforms. If the parties involved fail to successfully mediate on the "resolving a dispute" platform, they must go through the court's mediation platform again, because the repeated mediation process is too complicated, resulting in a low acceptance of the "resolving a dispute" by the parties. It is recommended to establish a connection procedure between the two platforms.
In Huang Xiujuan's view, the stability and professionalism of the community mediation team need to be improved. At present, the salary and benefits of people's mediators are not high, and their career prospects are unclear. It is difficult for streets to recruit mediators with legal professional backgrounds, or they cannot be recruited or retained, resulting in the loss of some mediation professionals and young talents. She suggests increasing professional knowledge training to enhance the professional level of the mediator team. In addition, excavate a group of professionals with professional backgrounds in the community, such as retired judges, and build corresponding studios.
"Grassroots conflicts are diverse and complex, and it is difficult to quickly and efficiently resolve each conflict and obtain the satisfaction of both parties." Xu Weihuang, a representative of the Yangpu District People's Congress and director of Shanghai Shengkang Law Firm, said that the diversified one-stop platform for resolving disputes integrates various resources such as public security, procuratorial and judicial departments, petitions, and market supervision. However, the blurring of boundaries may lead to blind spots in governance. To resolve conflicts and disputes at the source, it is necessary to establish a linkage mechanism between various departments and sectors, and currently, there is not enough cooperation and smooth operation. Not only do we need to integrate resources and further deepen collaboration, but we also need to pay attention to "diversion", strengthen collaboration and docking between various functional departments and sectors, and continuously improve our diverse dispute resolution capabilities.
Zhou Huilin, Deputy Director of the Standing Committee of the Municipal People's Congress, attended the symposium.
