How to legally and reasonably resolve property disputes

1. Both parties shall settle the dispute through consultation and mediation.

Property management civil dispute mediation includes civil mediation and administrative mediation. In civil mediation, the two parties to a dispute jointly select an institution and an individual, and the third party proposes a solution according to the opinions and authorization of both parties, which is agreed and implemented by both parties, thus solving the dispute. However, such mediation has no legal effect. After mediation, if one party refuses to perform the agreed matters, the dispute remains unresolved.

Administrative mediation of property management disputes shall be conducted by the power of the competent government, but if one party fails to comply with the implementation, it must be resolved through other means.

Civil mediation and administrative mediation are different from arbitration or litigation mediation. Mediation in arbitration or litigation is a link in arbitration procedure and has no independence.

Second, resolve property management disputes through arbitration.

According to the provisions of China's Arbitration Law: "Contract disputes and other property rights disputes between citizens, legal persons or other organizations with equal subjects may be arbitrated."

The jurisdiction of the arbitration tribunal over property management disputes is based on the agreement approved by the parties. There are two ways of arbitration agreement: one is to stipulate a clause when the contract is concluded, stating that once a dispute occurs, it will be submitted to arbitration, which is called arbitration clause; Another way is to temporarily reach a written agreement and submit it to the arbitration tribunal after a dispute arises between the two parties.

(1) The arbitration agreement shall contain the following contents:

1. Expression of intention to request arbitration;

2. Arbitration matters;

3. Arbitration Commission to be determined.

Note: Disputes arising from reaching an arbitration agreement shall not be brought to court; Even if a lawsuit is filed, the court will not accept it.

(two) the general procedure of arbitration is:

1. One party submits an arbitration application to the Arbitration Commission, which shall decide;

2. The Committee decides whether to file a case within 5 days after receiving the application;

3. After filing the case, send the arbitration rules and the roster of arbitrators to the applicant within the prescribed time limit, and send a copy of the arbitration application, the arbitration rules and the roster of arbitrators to the respondent.

4. The respondent shall reply within the prescribed time limit, and both parties shall determine the arbitrator according to the roster. The ordinary procedure consists of three arbitrators, one for each party, and one of them will be appointed as the presiding arbitrator by the Arbitration Commission. If the case is simple and the subject matter of the dispute is small, summary procedure can be applied and tried by an arbitrator;

5. Trial: trial investigation, cross-examination, debate and mediation proposal;

6, the production of mediation or mediation has not made a ruling;

7. The parties apply to the court for enforcement.

Different from the two-instance final adjudication system in judicial trials, the public verdict is final.

Third, resolve property management disputes through litigation.

The litigation procedure of civil disputes over property management generally has the following steps:

1. One party (plaintiff) submits a complaint and brings a lawsuit to the court;

2. After filing the case, the court will serve a copy of the complaint on the defendant;

3. The defendant filed a defense;

4. Court session: investigation, debate and mediation;

5, the production of mediation or first-instance judgment;

6. If neither party appeals, the judgment will take effect; Or one party refuses to accept the appeal and enters the second instance procedure;

7. Trial of second instance: making a conciliation statement of second instance or issuing a judgment of second instance, which is the final judgment, and the above contents shall not be mentioned;

8. implementation.