The stock of financial disputes is large and growing rapidly, which has long troubled courts, financial institutions and borrowers. Efficient handling of financial disputes is of great significance to reducing financial risks, maintaining financial security, and enhancing market vitality. In November 2023, the Hunan Provincial Mediation Office of the Mediation Center of the China Association of Small and Medium-sized Enterprises (hereinafter referred to as the "Mediation Center") successfully mediated a financial dispute in the People's Court of Yuelu District, Changsha City. A husband and wife in Xiangxiang City reached a mediation agreement with a financial institution on a loan dispute, and through measures such as loan extension and penalty interest reduction, the borrower avoided dishonesty, reduced the pressure of repayment, and continued to maintain production and operation.
In October 2022, Li Moumou applied for a loan from a financial institution due to business needs. His spouse, Chen Moumou, confirmed that he agreed to Li's loan application, saying that he was fully aware of and confirmed that the loan application was based on the joint intention of the husband and wife, that the loan was a joint debt of the husband and wife, and that he agreed to pay off all the debts arising from the above-mentioned loan application with Li Moumou indefinitely. As of November 2023, Li Moumou failed to repay the principal and interest on time.
The lender, a financial institution, sued the People's Court of Yuelu District, Changsha City. Appointed by the court, the mediator of the FDRC undertakes the mediation of the case. After several communications, the parties reached a mediation intention and jointly applied to the court for a mediation letter.
The Yuelu District People's Court has established a normalized coordination and resolution mechanism with a number of institutions such as the "general to general" mediation organization, providing a one-stop service of "complaint supervision + pre-litigation mediation + expedited case filing". Introduce a rapid resolution mechanism for small disputes, and recommend that banks put forward the most preferential mediation plan within the scope of legal compliance for credit loans and other Internet-related financial disputes involving a certain amount of litigation, relying on the court mediation platform to effectively connect mediation and judicial confirmation with the financial dispute resolution model of "pre-litigation mediation + judicial confirmation", so that the function of mediation can be effectively stimulated. The diversified dispute resolution mechanism has once again shown its superiority in the resolution of different types of disputes.
The author is You Zhineng, an associate professor at Hunan University of Finance and Economics).