Standard Process Model of People's Mediation
【Abstract】 The People's Mediation is a process. In this paper, the people's mediation work practice, the integrated use of various scientific theories on the people's mediation work practices in the steps, processes
and methods of scientific summary of the proposed standards of the people's mediation process model.
【Key Words】 standard process model in people's mediation of social conflicts and disputes
【Author】 Li Zhigang, director of the World Association of Chinese,
Hunan Vocational College of City visiting professor at China's national network of experts experts Experts Association of Shenzhen, experts, Shenzhen City Writers Association, the main results have been incorporated into the "China Academic Encyclopedia "experts and scholars volumes," China's well-known experts and scholars Dictionary "and so on.
At present, the social contradictions and disputes in the increasingly complex demands emerged, showing intensification of interrelated
technology, and resolve difficult and so the trend of mass endless disputes. In this regard, resolved paths and institutional arrangements are mainly litigation, arbitration and mediation. Litigation, arbitration follow the "rule doctrine", the parties in a passive subject position.
Mediation follow the "party-ism", the parties take the initiative to self-
determination in a position to resolve disputes in their enthusiasm, determined mediation quick and convenience, so that the people's mediation
to resolve social conflicts to become an efficient mechanism for dispute.
The People's Mediation is a process that is under the People's Mediation
Committee under the auspices of national laws, regulations, rules, policies and social morality as the basis for the parties to civil
disputes, to persuade and educate, regulate persuasion to urge the parties to the dispute of mutual understanding, and equal consultation, voluntary agreement to eliminate the process of a professional dispute. Mediator in the mediation process bear the organizers, communicators, guide, researchers and other social roles. If the scientific breakdown of the mediation process and clarify the relationship between the various stages of its internal relations, will be able to guide our scientific work to
improve the success rate of mediation. This article aims to explore the process of people's mediation theory or doctrine, the promotion of people's mediation work to improve the overall efficiency and quality.
The author in Shenzhen Futian District, Bureau of Justice under the
leadership of the judiciary in the Futian District, Sha Tau Street, Sha Tau by and under the guidance of the police station, from the personal experience of more than 1100 cases of social contradictions and disputes,
the mediation cases, the integrated use of various types of scientific theory, right the people's mediation work practices of the steps, processes and methods of scientific summary of the proposed standards of the people's mediation process model (or standard paradigm).
First, the standard process model of people's mediation
The people of the mediation process with the stability characteristics of the normative. The standard process model to multiple factors determine the theory of "psychological - social" approach, "environment" and the
theory, systems theory as the theoretical basis, summed up the people's mediation work covers the general process of universal significance, can be mediators for the people to provide basic mediation procedures and
skills, in order to provide operational guidelines on how people's mediation work.
The author believes that the standards people's mediation process should cover the case, to receive, investigate, plan, mediation, assessment, and concluded in seven stages or steps. Among them, the admissibility of the dispute, marked the organization of People's Mediation and conciliation object (subject) mediation between the formal establishment of a professional relationship. Plan with the assessment is the focus of the
mediation stage of the process. Plan mainly contains a forecast analysis, mediation plans and programs in such areas as its work is a comprehensive, fully determines the efficiency of the mediation process. The assessment phase study to evaluate the quality of the mediation process factors. The mediation is the core stage of the conciliation process by the parties in resolving disputes, the level of awareness and ability to play the mediator determines the success or failure of the entire dispute mediation.
Standards for people's mediation process, each stage has different tasks, contents, methods and techniques.
(A) take the case of
Next case is the beginning of the activities of people's mediation, but also the professional basis and starting point for the mediation process.
In the next case, the process, the mediator has to do data preparation work, with the dispute parties to interview a preliminary understanding of the causes of disputes, the formation process of the mediation request issues, as well as the dispute parties to solve the problem of attitudes and perceptions, in order to make the admissibility of the dispute The preparatory work for good. At this stage, through talks, the mediators should be carefully listened to the parties a statement of the dispute
through "look, smell, and asked, cutting" mode of communication, a preliminary understanding of the psychological behavior of the personality characteristics of the parties to grasp the pulse of the dispute, to facilitate analysis of the case formulate mediation plan. For the
emotional parties, the mediator shall do a good psychological counseling, to prevent intensification of contradictions and disputes, crime prevention.
In the next case, the process, the mediator should pay attention to the
need for urgent intervention issues. In an emergency situation, such as suicide, violence, tendencies, and issues, the mediator has to identify the parties to observe the thinking and motivation, to take emergency measures of early warning, active intervention, early prevention. Groups are likely to lead to incidents of disputes, the mediator should also be ready in time to ease, reported to work to prevent the intensification of contradictions and disputes.
Data collection is mainly to collect personal data subject or unit of
information (such as a copy of business license, the legal representative of supporting documentation, the legal representative of the authorized power of attorney, etc.), the psychological state of the object conciliation, mediation object information such as the social environment in which . For the Personal Data (or units of information), the mediator should be doing the work of the registration record.
In some linkage mediation mechanism, such as the police and FBI, the
mediator should work with public security organs to transfer procedures for handling the case, do a good job related to registration.
Acceptance is the People's Mediation Committee in accordance with the
parties dispute the application, based on "people's mediation work, a
number of provisions," to decide whether to intervene, mediate their dispute. At this stage, the mediator should guide the parties to carefully fill out the "mediation application form," to inform the parties in the
mediation should enjoy the rights and obligations.
At the admissibility stage, the mediator should be aware of the following two questions:
(1) the admissibility of the scope of people's mediation. The parties with a direct interest in the dispute between citizens, legal persons and
other organizations. People's Mediation Committee should be based on the content of the dispute, type, nature, specifically whether the scope of people's mediation is admissible. The following disputes can not be accepted: The law and regulations can only be handled by the specialized agencies under the jurisdiction, or the laws and regulations prohibiting private mediation to resolve disputes; people's courts, the public security organ or other administrative bodies have been accepted or to
resolve disputes. Not suitable for the admissibility of the following disputes: not occurred in the citizens and between citizens, between citizens and legal persons and other social organizations involved in civil rights and obligations of the controversial disputes; one of the main parties to the dispute does not mesh; violation of laws, regulations, mandatory provisions of disputes. The main grid is not a party to the dispute, such as a rental dispute, several people come forward to sign the
tenant from a rental contract for rental housing, landlords and other tenants request for lifting of house leasing contract, but come forward to sign the contract, or for any reason the tenant does not accept the mediationUnable to participate in mediation, and so on. Violation of laws, regulations, mandatory provisions of the disputes, such as gambling "out of the old 1000" disputes, recovery of gambling disputes. Do not meet the conditions for the admissibility of a dispute, the mediator shall inform
the parties to draw the relevant authorities in accordance with law to accept or to people's court.
(2) The jurisdiction of dispute resolution. People's Mediation Committee, the parties dispute the admissibility of the application made by conciliation, mediation should be noted that the level of the people of the jurisdiction of the general geographical jurisdiction, in particular geographic jurisdiction, concurrent jurisdiction, the agreement governing such issues. If the police and FBI work, for the result of love, marriage,
support, maintenance, inheritance, debt, labor disputes, housing rental, production and operation, etc. minor civil disputes caused by the assault, injury and damages issues, people's mediation The Committee may in accordance with relevant local police station jurisdiction of mechanisms appropriate adjustments.
Acceptance phase is completed, the People's Mediation Committee was established with the dispute resolution professional mediation between
"People's mediation of certain provisions of" 26th People's Mediation Committee under Article right to enjoy the investigation and verification. In general, the mediator in the mediation before the dispute should be noted that the investigation of the following items:
(1) personal data of the parties in dispute or unit authenticity of the information. Mediator should ascertain the personal information provided by the parties or the authenticity of the information unit, to prevent new disputes. For example, in Shenzhen, a high-falling elevator accident in
the death of the mediation of disputes, the mediator conducted the first survey conducted before the transfer, please check the police station comrades on the police network and their relatives, the deceased's account
book, found only in deep relatives of his wife with the deceased relationship between the identity clear, the stepfather of the deceased in his capacity as the relationship between the hard clear, so the decision can only be the mediator of the first heir to the deceased, that deceased relatives of the deceased's wife as a major party to participate in party mediation, the mediation is successful of compensation received by the deceased's wife in the allocation of the deceased's legal successor of
consultations. In the survey, careful mediators also found that the deceased account does not match the name of thin and identity, both numbers are consistent, the police station to check the Internet to help comrades and found that the deceased's previous name and the name of the
same household registration book, and the second on behalf of the ID card changed the family name. Mediators long-distance calls to the local police
station to verify the deceased, has been confirmed by the local police
station, but out testimonial letters to the deceased's immediate family needs, leading to the police stations in the village committee. However, the deceased's relatives came from the mainland, Shenzhen, find it difficult to complete the formalities. The referrals to the police station
director, decided to show the deceased's lawful wife, "is indeed the same person" documents. This has effectively prevented the election of a new dispute after mediation.
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(2) dispute the facts and circumstances. Generally speaking, in order to mediate a more favorable position to achieve the implementation of optimization strategies, the parties tend to emphasize the facts and circumstances to their advantage, while their disadvantage, the facts and circumstances, then avoided. In order to accurately understand the disputes, grasp the context of disputes for the parties to reflect the facts and circumstances, the mediator should be investigated and verified
in-depth detailed analysis. Of course, the party advocated the facts of
their own, but also to provide evidence to bear the burden of proof, namely, "who advocates, who burden of proof" principle.
(3) the parties to the dispute and the reasons for the request. Mediators
should pay attention to tell the parties to the dispute and the reasons for the request made by the legitimacy of the mediation to prevent unlawful and unreasonable results of the conciliation, as some love disputes, the parties requested compensation for break-up fee青春损失费
so, the conciliator should disseminate information about laws, and timely instructions.
(4) The relevant laws, regulations and policies. High-falling elevator
accident in the above death mediate in the dispute, the mediator online
access to the "Labor Law", "Labor Contract Law", "Supreme People's Court hearing personal injury compensation cases on the law applicable to the interpretation of a number of issues" and other relevant laws and regulations and judicial interpretation of law, mediation work.
Survey methods and techniques are generally asked, consulting, telephone surveys, Internet surveys, field surveys.
Dispute resolution plan is based on the purpose and goals, data collection and surveys, based on the timing of the Conciliation and
Mediation direction forecast analysis, and formulate workable strategies of conciliation, mediation programs and mediation programs process. It is a covered use of knowledge, professional judgments and decision-making
process. For example, the above-mentioned high-falling elevator accident
death of a dispute in mediation, the mediator to open meeting to discuss the nature of the dispute, features, adjust the claims of legal norms and standards, the parties individual psychological characteristics, economic
development, advance the development plan for mediation, The success of mediation for the entire dispute has laid a solid foundation. For the group disputes, the people's mediation committee should also develop contingency plans in time.
Only on a scientific basis, through full forecast analysis, the mediator can be done with confidence. Forecast analysis is necessary to apply the Marxist point of view of philosophy generally linked to multiple factors theory, systems theory as the theoretical basis for disputes arising from the deep-seated reasons for the right medicine to find ways of resolving disputes. In mediation theory, we can start the mediator's role in society, the method of mediation generally classified as "party-centrism"
and "mediator-centrism," two categories. In the "party-centrism", the
mediator in a passive position, according to the wishes of the parties dispute to persuade the parties to reach a consensual agreement. In the
"mediator-centrism", the mediator in a proactive position, based on their knowledge of the relevant scientific knowledge and life experience, and science for the parties to find a solution to the problem, or equilibrium point. For example, personal rights in a dispute, the parties to a scalp
laceration of the injury is to the client B claim 5 million in medical expenses, B only agreed to compensate 200. In accordance with "party-
centrism" of the mediation, the mediator in the 200 yuan - 5 million is to
persuade the parties to reach an agreement. This method of compensation out of the mediation is often not too high or too biased, the lack of scientific nature, prone to the phenomenon of unconscionability. In accordance with "mediator-centrism" of the mediation, the mediator have a
certain medical and forensic knowledge about the medical treatment of the price market, it will inform the parties in respect of such injuries on a general medical diagnosis and treatment of the means, methods, and prices, such as the Needle, CT examination, to fight anti-inflammatory Diaozhen,
removal of stitches and other medical expenses, loss of working together with the appropriate fee, these payments and so on, constitute the scope of the actual amount of the settlement of claims. This method is generally
more accurate, science, also enable the parties to be convinced. There is also a good example of the ancient case of a "mediator-centrism" point of
view. "Zuo Zhuan", "Burke Duan Cheng Yu Yan" and talked about such a mediation story. Duke Zhuang of Zheng Wu Jiang with the mother in cases of domestic disputes, Duke Zhuang of Zheng Linying his mother relocated to live in Henan, and vowed: "Less than deaths, and never meet!" Later, a great social repercussions, have accused the Duke Zhuang of Zheng The
filial behavior, Duke Zhuang of Zheng regret, but no solution to the problem in vain. Ying-tert-mediate their disputes examination, ideas,
said: "If you dig a tunnel to see the springs gush, in the tunnel in the meeting, who say you violated the oath then?" Ying-tert-test for them to
find a proper solution to the problem approach. The main difference between the two methods, is that "the mediator-centrism", the mediator the
initiative to undertake a "researcher" of the social roles.
Methods of analysis are generally forecast: economic analysis method, analysis of law, ethics analysis, psychological analysis methods (such as personality psychology, social psychology, developmental psychology, etc.), sociological analysis, political science analysis method, factor
analysis, precedent analysis, social and historical analysis, social and ecological analysis methods.
Analysis in the forecast process, the mediator should pay attention to: (1) handle the direction of conciliation and mediation of timing. (2) The
order has to solve the problem. Should pay attention to the problem of "light, heavy, slow, urgent, difficult, easy," according to the first re-
grasp the principal contradiction and the rear, and the first to urgent, first principle easier to decide. (3) the principle of personalization.
Plans for the parties to consider the psychological characteristics of personality, the level of the real economy, customs, and so on. (4) to avoid a simple attribution. Should pay attention to the causes of and parties to the dispute in which the relevance of the living environment can be herd from the social psychology of psychological theory, rational
choice, the parties invited relatives, friends and leaders and colleagues to participate in mediation, the parties concerned to exert positive
influence. (5) multi-factor problem of single-factor treatment.
Development of mediation programs and mediation programs should pay attention to workable, you can measure, to carry out quantitative assessments of uncertainties for determining the factors.
Mediation is a core of people's mediation work process stages, namely in the plan, based on the parties to persuade and educate, regulate persuasion to urge the parties to disputes, equal consultation, mutual
understanding and accommodation, voluntary reached, the process of carrying out the agreement. From a certain perspective, it is also a psycho-correction on the parties and the behavior modification process. In the process, the mediator should pay attention to the following questions:
(1) proper use of language, tone; (2) The parties to the issue of awareness, the party mood and emotional issues, as well as attitudes; (3) the integrated use of economic , law, psychology, sociology, ethics, customs, science and other related knowledge; (4) Mediation contents of the agreement must be clear, clear, accurate, and shall not violate the law, can actually be fulfilled, to prevent new disputes.
The main working methods of mediation casework, group work, community
work and other modes. People's mediation casework model is defined as people's mediation process, professional mediators from the law, personality psychology and social work point of view, in accordance with the mediation object (subject) of individual psychological and behavioral
characteristics, in accordance with national legal norms and social act responsibly and develop individualized plans and programs for mediation, persuasion, persuasion and education, mediation objects, to promote mutual understanding and accommodation parties to the dispute, equal
consultation, voluntary agreement to eliminate disputes and mediation work in a professional way. Group work model mainly applicable to larger groups of disputes. Community work model is based on "people in the community"
ideology mediation of social conflicts and disputes, mainly in the neighborhood, marriage and family, homestead and other disputes. The main mediation skills are: focus on mediation, individual conversations are chromatography and counter-analysis method, the arithmetic mean method
(bottom-line demand Qi Law), the ratio method, golden section method, offset method, analogy, stories, law, precedent law .
Mediation agreement to perform a spot performance, delay implementation, phased implementation, etc.. Mediation agreement does not fulfill the spot for the case, the mediator shall promptly track return visits, urging the parties to fulfill the agreement to conciliate. Primary methods of
returning telephone follow, home visits.
(Vi) assessment of
Assessment refers to the use of scientific research methods and techniques, systematic evaluation of the results of the mediation mediation, summed up the whole mediation process, examining the effectiveness of the intervention of the mediation process, whether to
achieve the desired goals and objectives process. It is the entire mediation activities an important part. The main types of assessment can be divided into two kinds of process assessment and evaluation of results. Process evaluation is to test the entire mediation process, its work process of each step, every stage of a separate assessment, care focuses on the work of the various steps and procedures for how to make the final results of the conciliation. Outcome evaluation refers to the mediation
efforts to complete the final shape, it is in the final stage of the work process assessment.
Assessment methods and techniques are mainly baseline measurement, client satisfaction measurement, comparative analysis, case-reflection and so on.
Closing is the final stage of mediation. In the closing stages, our main task is to review and sum up the work of lifting the mediation professional relationships, good closing record. For the unsuccessful mediation of disputes, people's mediation committee shall be promptly
referred to the relevant departments in charge of department or superior handling, or inform the parties to the people's court.
Closed records include: basic information, facts and circumstances of the dispute, dispute the causes, mediation request and in accordance with, the main issues and differences, problem analysis, forecasts and programs, mediation process, job evaluation, reflection and proposals.
Modern mediation should focus on mediation from the traditional to the scientific mediation transition from "empiricism" to "scientism" to increase the success rate of mediation and conciliation quality, and it was a people-oriented, comprehensive, coordinated and scientific
development concept in the embodiment of people's mediation work .
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