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Mediation method of disputes between property and owners
1. What is the correct way to mediate disputes between property and owners?
(1) The mediator first appeased the emotions of both parties, listened carefully to the demands of both parties, and asked the person in charge of the property management company to give the owner a detailed and patient answer on the cost issue. This needs to be analyzed from the legal level to help both sides solve the contradictions with a rational attitude.
(B) property management disputes, summed up in the following ways:
1, the parties choose to settle through consultation;
2, the parties request a third party mediation, administrative mediation request government departments;
3. Both parties agree to arbitration;
4. Judicial proceedings.
The above methods can be decided by the parties themselves. Among them, self-selected negotiation is a way for both parties to resolve disputes through dialogue, while the latter three are ways to resolve disputes with the help of a third party.
Two. Arbitration of civil disputes over property management
(1) Civil disputes over property management can be settled through arbitration, which should be civil disputes, mainly disputes based on contracts or property rights and interests. 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".
(two) the arbitration tribunal shall have jurisdiction over property management disputes according to 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.
The arbitration agreement shall contain the following contents:
1. Expression of intention to request arbitration;
2. Arbitration matters;
3. Arbitration Commission to be determined.
3. What is the general procedure of property management dispute arbitration?
(a) the general procedure of property management dispute 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. Send the arbitration rules and the roster of arbitrators to the applicant within the prescribed time limit after filing the case, 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 appointed by the Arbitration Commission as the presiding arbitrator; If the case is simple and the subject matter of the dispute is small, a summary procedure may be applied and the case shall be 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.
We must actively mediate disputes between property and owners. If there is no active mediation, the dispute will continue and worsen, which will have a more negative impact on the lives of the parties and nearby residents. Therefore, when it comes to disputes between property and owners, we must choose the right way to mediate and understand the relevant information and procedures to create a better living environment.
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