Hope the world is peaceful, without litigation or dispute
This Chongqing female judge has handled a case that spans most of the world...
The plaintiff is in Austria, the defendant is in the United States, and the trial judge is in Chongqing.
The impact of a new crown epidemic caused Tan Ying, a foreign-related commercial trial judge at the No. 1 Central Court of the City, to handle a case that spanned more than half of the world without paying attention.
In this long-running lawsuit, after Tan Ying and the clerk's constant matchmaking and mediation, the two sides went from the court to a peaceful negotiation.
What is even more exciting is that at 4:50 am on November 6 this year, Tan Ying received a WeChat withdraw from Austria specially sent by the plaintiff.
It is reported that the application for withdrawal of the lawsuit is already on the way to Chongqing from abroad.
A pair of close friends entangled for seven or eight years due to business differences
"The plaintiffs and defendants are now over sixties. Before the start of the lawsuit, they were close friends and they all settled abroad." Tan Ying revealed that many years ago, the two jointly established a business in Chongqing, mainly engaged in packaging and decoration business.
During the cooperation, the two sides have disagreements, and there are "torts of war".
Tan Ying said that after understanding, in the past seven or eight years, the two have been involved in various litigation battles. There have been more than ten rounds of "exit into chapters" in court.
The two sides have been reluctant to make concessions for their own interests, and they have not been able to let go.
Two years ago, the original lawsuit between the two of them had not been settled, and the "fire of war" was ignited again, and the lawsuit was brought to the No. 1 City Court.
This time, the plaintiff asked the other party to perform the contract and cancel the branch in accordance with the contract.
A pandemic shifts case handling from offline to online
The case was quickly assigned to Tan Ying.
“Foreign-related commercial trials generally take a long time because it takes time to serve.” Tan Ying introduced that at the end of last year, the case had a trial.
In the court, the two parties were still very excited, fighting red-faced and even losing control of their emotions. Fortunately, after persuading them, they finally calmed down.
The plaintiff said in court that he wanted to increase the claims, but the defendant agreed, but proposed to give a corresponding period of proof.
Unexpectedly, the new crown epidemic occurred before the second hearing, and the trial of the case could only be temporarily postponed.
"Since I can't come to Chongqing, the case has been dragging on, and both parties are very tired. If both parties can try to put aside a lot of things and cherish the time before them, maybe they can shake hands and make peace." Tan Ying said, during the epidemic, both parties were In foreign countries, it is almost impossible to hold a trial again in the short term. Due to time difference and geographical relations, telephone mediation does not have the conditions for implementation, so she thought of online mediation.
A mediation spans more than half of the earth
On February 17 this year, Tan Ying organized a WeChat group for this case, consisting of both the plaintiff and the defendant, lawyers, third parties, contractors, and clerk. "It is no exaggeration to say that the mediation of this case spans most of the time. Earth."
"When the group was established, I proposed that this group was established to allow everyone to calmly settle the disputes over so many years." Tan Ying said that at the time she made a request in the group to express opinions to each other. Respect, no radical remarks.
"Both the plaintiff and the defendant agree." Tan Ying said, which showed her the basis of mediation.
At that time, when the epidemic was raging, many people were killed.
Tan Ying left a message in the WeChat group: "The epidemic is here, there is no reminder of death. We often don't cherish life. These unimportant things consume us, and when tragedy happens to us, we realize that we have been wasted. A large part of life."
This sentence resonated with everyone. The test of life and death in the epidemic gave everyone a chance to re-examine themselves, and the tense atmosphere was eased.
"For happiness, for comfort, to enjoy the short and changeable life..." the clerk said in the group. After several rounds of analysis and "back-to-back" communication, the defendant first expressed his attitude in the group and would use kindness. To cherish this opportunity, strive to achieve a consensus through mediation, and to make the dispute have a successful conclusion.
The plaintiff also expressed his sincere gratitude to the judge for his concern for them.
A WeChat put the long-standing case to an end
"Since both parties have sorted out their emotions, I have provided them with several mediation plans in the group." Tan Ying said that in the past few months, she has continuously communicated with the plaintiff and the defendant to make their differences step forward. One step zoom out.
At 6:30 in the morning on November 6, the sleepy Judge Tan Ying found an unread WeChat chat record displayed on the screen of her mobile phone. When she clicked on it, she immediately became sober.
It turned out that the plaintiff of this case sent a message in the middle of the night to withdraw the case, and also praised her for her style of working for the client.
The plaintiff also sent a scanned copy of the mailed withdrawal application to Tan Ying through WeChat.
"A long-term outstanding case is over!" Tan Ying said: "I know that it is impossible for both parties to talk and laugh again, but it is also a kind of demeanor to take the initiative to withdraw from the dispute."
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“Sometimes, mediation spends much more time and energy than writing a judgment, but for me, the successful mediation of a case has a special sense of accomplishment.” Tan Ying said, when she received the withdrawal information, she was excited She wrote the case handbook "Cross-domain Time and Space Reconciliation" in her circle of friends, and the following comments made her very touched and warm, and immediately felt that no matter how tired it was, it was worth it.
During the interview, the reporter also learned that Tan Ying also successfully mediated a foreign-related case last year.
After an overseas Chinese living in the United States received the mediation letter and contract payment, he called her and said, "You must contact me when you come to Los Angeles, USA. I am very grateful for the mediation of the case."
Tan Ying said with a smile. She knew in her heart that they would not be in contact again, but she was happy in her heart because a transnational dispute came to a successful conclusion.
Tan Ying revealed that she was able to mediate foreign-related disputes time and time again. In addition to her patience, she also benefited from the training of national psychological counselors organized by the unit.
It is reported that at present, many judges of the No. 1 Middle School in the city have obtained the third-level qualifications of psychological counselors.
This case is also one of the classic cases in which she used psychology skills flexibly to successfully resolve disputes.
"Only forgiveness can tolerate people, only thickness can carry things, family and everything are prosperous." Tan Ying said, handling cases more and more year by year, she sincerely hopes that the world will be peaceful, without litigation and disputes.
Chongqing Morning News·Upstream News Reporter Xu Qin