Legal consultation on property disputes

Legal analysis: 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.

Legal Basis: Interpretation of the Supreme People's Court on Several Issues Concerning the Specific Application of Law in the Trial of Property Service Disputes Article 3 If a property service enterprise fails to perform or fails to fully perform its maintenance, conservation, management and repair obligations as stipulated in the property service contract or as determined by laws, regulations and relevant industry norms, the people's court shall support it if the owner requests the property service enterprise to undertake the liabilities for breach of contract such as continuing to perform, taking remedial measures or compensating for losses. The service promises made publicly by the realty service enterprise and the service rules formulated shall be regarded as part of the realty service contract.