Countermeasures to solve contradictions and disputes between owners and property

Solve the contradictions and disputes between the owners and the property;

1, the owner and the property management company negotiate to solve it;

2. Third-party mediation. General mediation can be divided into civil mediation, administrative mediation and judicial mediation, which can be mediated by the people's mediation Committee where the property company is located;

3. Submit to the arbitration organ for arbitration. In accordance with the arbitration clause in the property management company or the arbitration agreement reached voluntarily after the dispute occurs, the dispute shall be submitted to the arbitration institution with the right to manage, that is, the arbitration commission where the property management company is located for adjudication;

4. file a lawsuit. If the owner can't solve the dispute through the above three ways, he can submit the dispute to the court or bring a lawsuit directly to the local people's court, requesting the court to exercise judicial power to solve the dispute according to law.

legal ground

People's Republic of China (PRC) Civil Procedure Law

Article 93 In trying civil cases, the people's courts should distinguish right from wrong and mediate on the basis of clear facts. Article 94 Mediation by a people's court may be presided over by a single judge or a collegial panel, and it shall be conducted on the spot as far as possible.

When conducting mediation, the people's court may notify the parties and witnesses to appear in court in a simple way. Article 95 The people's court may invite relevant units and individuals to assist in mediation. The invited units and individuals shall assist the people's court in mediation. Article 96 To reach an agreement through mediation, both parties must be voluntary, and no coercion is allowed. The contents of the mediation agreement shall not violate the law. Article 97 If an agreement is reached through mediation, the people's court shall make a conciliation statement. The conciliation statement shall specify the claim, the facts of the case and the result of conciliation.

The conciliation statement shall be signed by the judge and the clerk, stamped with the seal of the people's court and served on both parties.

The conciliation statement has legal effect after being signed by both parties. Article 98 If an agreement is reached through mediation in the following cases, the people's court may not make a conciliation statement:

(1) Mediation and reconciliation of divorce cases;

(2) Mediation and maintenance of adoption cases;

(3) Cases that can be executed immediately;

(four) other cases that do not need to make a conciliation statement.

An agreement that does not require the preparation of a conciliation statement shall be recorded in a written record, which shall have legal effect after being signed or sealed by both parties, judges and court clerks.