Lawyer Wang Bing, Bachelor of Testing from Northwestern Polytechnical University, Bachelor of Laws from Shandong University of Political Science and Law, CET-4 in English.
Business expertise: Lawyer Wang has nearly ten years of work experience as a lawyer. He has successively handled nearly 1,000 criminal defense, real estate disputes, traffic accidents, industrial and commercial insurance cases, and served as a permanent role in more than a dozen units such as Zibo Water Resources Management Office and Linzi Urban Construction and Development Company. Legal consultant, qualified to engage in the legal business of shareholding system reform, is a lawyer of "Luzhong Morning News", a member of "Zibo Evening News" legal aid team, and a part-time teacher of Zibo Vocational College.
Xiao Wang never imagined that a lawsuit that had been delayed for six years would be settled in the morning.
In 2002, Xiao Wang, who had just graduated from university, reached an employment agreement with A Sports Goods Company in the talent market to specifically do business sales in the company. During the internship period, the manager arranged for him to learn business knowledge first. On the morning of August 28, 2002, on the 28th day when Xiao Wang went to work, Xiao Wang, who was sitting in the office on the second floor of the company studying, suddenly heard someone shouting downstairs, "Xiao Wang, open the elevator to help me move the liquefied gas tank to the third floor. "Isn't this Aunt Zhang from the company cafeteria? Xiao Wang didn't even think about it, so he ran to the third floor and opened the freight elevator door and stepped in. He didn't expect the elevator to go up on the first floor. He suddenly fell to the first floor. In the elevator shaft, Xiao Wang lost consciousness.
The manager of the company heard that Xiao Wang was injured and hurried to the hospital. He asked the best doctor to perform the operation immediately and paid all the medical expenses. However, Xiao Wang still has a disability, and the two parties have never reached an agreement on the amount of compensation after many mediations. The long road to litigation begins here:
1. I have gone through a long work injury procedure for three years.
Xiaowang thought that he was injured at the work place or during work and submitted an application for work injury certification to the local labor department, but the labor administrative department refused to recognize the work injury on the grounds of “injury caused by non-work reasons”. In 2003, Xiao Wang applied for a work-related injury again, but was denied again!
Through administrative reconsideration and administrative litigation procedures, the court revoked the labor bureau’s decision not to recognize work-related injuries. In 2004, Xiao Wang applied for a work injury again. The labor department conducted detailed investigations and found out: "Aunt Zhang, an employee of Company A, put the liquefied gas tank (privately owned) on the elevator on the first floor, and asked Xiao Wang to open the elevator to transport the gas tank on the first floor. On the third floor, Xiao Wang did not hear him in the office on the third floor. Xiao Wang ran from the second floor to the third floor, opened the elevator door with the key, stepped down and caused serious injury. Xiao Wang was injured by non-work reasons, so he again decided not to Work injury is recognized. Three work injury applications are not recognized for three times!
After consulting with a lawyer, Xiao Wang brought Company A and Aunt Zhang to court on the grounds of employee damage compensation.
Second, the twists and turns of the first-instance appraisal cited disputes.
In 2005, the court commissioned a disability appraisal with the consent of the plaintiff and the defendant. The appraisal concluded that the disability was Grade 8 disability. The plaintiff Xiao Wang refused to accept it and applied for appraisal again, and was later appraised as Grade 5 disability by another appraisal agency. It formed a situation where the plaintiff advocated the five-level defendant and the eighth-level defendant back and forth. Finally in early 2008, the court of first instance ruled that the defendant Company A should compensate Xiao Wang based on the conclusion of the fifth-degree disability. Since Xiao Wang was also partially responsible in the accident, it ruled that the defendant should be liable for 70% of the compensation. Defendant Company A appealed against it.
3. Humanized second-instance mediation to reconcile accumulating grievances
In the second instance, Company A entrusted me as its agent to participate in the lawsuit.
After careful analysis of the case, it was learned that Company A was willing to make reasonable compensation. The prolonged delay in this case was due to the lack of reasonable communication between the two sides, mutual suspicion and secret rivalry, which led to more and more anger, and finally formed an irreconcilable contradiction. In response to this situation, the manager of Company A and I clarified the law and the facts of the case, and formed a trial strategy: I played the leading role in the court as a lawyer, not talking about the level of disability, and directly fighting for not being liable for damages caused by non-work reasons. To lower Wang's expectations. During the mediation stage, the manager of Company A can emotionally recount the past with Xiao Wang and the care given to him by the company during Xiao Wang's hospitalization, so as to reduce Xiao Wang's resistance. Facts proved that the effect was very good. The two parties reached a mediation agreement in court under the auspices of the judge, shaking hands and making peace.
For the past six years, Xiao Wang has been between hospitals, labor departments, safety supervision departments and judicial departments, enduring physical pain and suffering and life embarrassment. These six years have been the most painful period he has experienced when he just stepped out of school. . Six years later, the two parties reached a mediation in the second instance, and this marathon-style litigation came to an end.
Take a step back and broaden the sky. In this case, both parties stand in the position of the other side and give in. This can prevent both parties from being tired of six years of litigation and resolve social conflicts.
Whether lawyers have the awareness of mediation in the process of resolving the issues of the parties through litigation is of vital importance. In practice, if you stick to the truth purely from a legal point of view, in many cases you will get twice the result with half the effort, drag the parties into the dilemma of litigation burden, and extremely waste judicial resources.