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What are the common disputes in property management?
1. What are the common disputes in property management: property management service contract disputes, prophase property management service contract disputes, custody contract disputes, adjacent disputes, damages for highly dangerous operations, damages for ground (public * * * places) construction, damages for collapsed and stacked articles, damages for emergency hedging, reputational disputes, damages for employers, and management disputes without cause? Second, what are the ways to deal with property disputes? (1) There are the following ways to deal with property management disputes, which are also commonly used: 1, and the parties choose to settle them through consultation; 2. The parties request mediation by a third party and administrative mediation by government departments. 3. Both parties agree to arbitration; 4. Judicial proceedings. It is difficult to evaluate which of the above methods is superior or inferior, and the parties can decide for themselves. Self-selected negotiation is a way for both parties to resolve disputes through dialogue, and the latter three are ways to resolve disputes with the help of a third party. (2) Dispute mediation, property management civil dispute mediation, including 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 the mediation, if one party fails to implement it, all previous efforts will be in vain. 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. (3) Arbitration of civil disputes over property management 1. Disputes of a civil nature can be settled by arbitration, mainly disputes based on contracts or property rights. 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." 2. The jurisdiction of the arbitration tribunal over property management disputes is determined according to the agreement of 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 specify the following contents: 1, indicating the intention of requesting arbitration; 2. Arbitration matters; 3. Arbitration Commission to be determined. For example, a contract performed in Guangzhou stipulates: "Any dispute related to this contract shall be settled by both parties through consultation. If negotiation fails, it shall be submitted to Guangzhou Arbitration Commission for arbitration. " Disputes that fail to reach an arbitration agreement shall not be brought to court; Even if a lawsuit is filed, the court will not accept it. In fact, disputes between owners and property are quite normal. At this time, in the face of such disputes, the parties should actively find ways to deal with them. Of course, illegal or violent means can't be adopted, which will not only fail to solve the dispute, but also expand the contradiction, which is not conducive to the settlement of the dispute. What kind of solution should be chosen in practice generally requires the parties to choose according to the specific situation.
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