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How to resolve contradictions and disputes
0 1
Follow your heart, you must untie the bell and tie the bell.
What kind of ideas do you have with others, or you know best. Only by following your own heart and being honest with your own heart can you effectively stay away from contradictions and disputes.
02
Communicate sincerely and convince others by reasoning, so that you and the other party can be convinced.
If you want others to take it orally, you must take it orally first.
Be reasonable and let the other person think from an objective perspective. Understand with reason and move with emotion.
03
Improve your self-cultivation, don't call names and hurt people, whoever gets rough first will lose.
Endure a calm moment and take a step back. No matter how much the other person is bared, he should always keep calm. You must be "reasonable" yourself, not argue irrationally. Otherwise, it will only make the contradiction worse and worse, and finally cause irreparable consequences. The eyes of the masses are discerning, and everyone knows who is unreasonable to whom. Win the support of the masses and make the other side flinch.
04
Don't indulge others blindly, keep a proper distance from others and keep your own framework.
Keep a proper distance between cars to avoid rear-end collision. People are the same, as the saying goes, distance produces beauty, and blindly accommodating will eventually harm others and lead to splits. Just like hedgehogs keep each other warm, only by keeping a proper distance can we avoid hurting each other. Keep a distance of more than one meter from strangers, which will make them feel better. Being too close will make the other person feel threatened by the other person, which is called "psychological attack" in psychology.
05
If necessary, you should still take up the weapon of law. If you encounter an unsolvable contradiction, you still need to seek legal support. How to mediate contradictions and disputes is the answer to many people's questions. The following are the contents of the methods and skills of conflict mediation carefully recommended by Bian Xiao of Fenfen.com, hoping to help you.
Methods of mediating contradictions and disputes
Calm law means that when conflicts and disputes intensify, we should not blindly deal with them. It's best to wait until both sides calm down and calm down before dealing with it. To put it bluntly, it means delaying the processing time.
The method of blending sense and reason is to convince both sides of the contradiction to think about each other's reasons with emotion. Then, both sides of the contradiction are guided by good suggestions and solved according to the situation.
The method of strengthening the body and eliminating evil spirits, suppressing evil spirits with healthy qi, is to suppress unreasonable contradictions to a certain extent and inform them of the consequences of going their own way. To ensure the advocacy and popularity of health trends, and convince people by reasoning.
The case guidance method, through similar cases handled by itself, guides the contradictory parties to develop in the direction of reconciliation, so as to avoid unnecessary troubles for themselves and their families because of small losses.
Elements that should be paid attention to in mediating civil disputes
Understanding and mastering the five basic elements of civil disputes, such as time, place, person, plot and reason, are the most basic and key skills of mediators.
The first is the skill of using the time element. The time involved in civil disputes includes the following three aspects: the time when the dispute occurred; The duration of the dispute; An opportunity to mediate disputes. The occurrence time of civil disputes often has seasonal laws, which mediators must master to do a good job of prevention. For such disputes with long time, deep estrangement and complex problems, mediators should be prepared for continuous operations. The time to mediate disputes refers to the best time to mediate and the time that the mediator grasps well.
The second is the application skills of location elements. Influenced by the living environment and traditional customs, the same civil dispute will show different characteristics in different places. For example, it is also a house dispute caused by the house built when building is higher than the neighbor's house. In developed rural areas, neighbors often have disputes with builders because the lighting rights are affected, and most of them are quarrels; However, in backward rural areas with serious feudal superstitions, neighbors often have disputes with builders because of the influence of geomantic omen, and the probability of fighting is greatly increased. Only when mediators are familiar with location elements can they adopt effective mediation methods according to local conditions. The degree of development of disputes in different places will be different.
The third is the application skills of character elements. The subject of the dispute is both sides. Mediation of disputes is actually the work of a mediator to persuade and persuade both parties. Due to the differences in natural conditions, social experience, cultural quality and moral concepts, everyone has different personality characteristics. Parties with different personality characteristics will have different views on disputes and the work of mediators. For example, extroverts will show their emotions, and their inner thoughts will soon be expressed through expressions and behaviors; Introverts have deep feelings, and their inner thoughts are not easy to be seen and put into action. This requires mediators to be good at observing faces and colors, and find out the true thoughts of the parties by analyzing their expressions, words and behaviors.
For another example, people with high educational level and high legal quality have strong self-regulation ability, and their dispute psychology is not easy to form, and even if it does, it is not easy to externalize into dispute behavior. If such people have disputes with others, they can easily listen to the reasonable words of the mediator, and they can also understand and cooperate with the mediator's work; On the other hand, people with low education and legal quality have poor self-regulation ability, and dispute psychology is easy to form and externalize into dispute behavior. For the parties to such disputes, mediators must spend more energy to make laws and policies clear and thorough in plain language. For this type of parties, the usual help and education work and return visit work are very important.
Fourth, the application skills of plot elements. The plot elements of a dispute mainly refer to the real situation in the whole process of the occurrence and development of the dispute. All the facts about the germination, occurrence, development and even intensification of disputes, the excessive language and behavior of both parties in the process of disputes, and even their respective attempts, motives and purposes are the factual basis for mediation of disputes. Grasp sufficient factual basis, make preparations, and fight prepared battles. For the parties who make trouble without reason, refuse to admit their debts and are lucky, the mediator can produce true and comprehensive factual evidence, which can shock the parties and urge them to bow their heads and admit their mistakes.
For the parties who have doubts and scruples, the mediator should fully grasp the situation of the dispute in order to win their trust and cooperation. For mediators, only through in-depth and meticulous investigation and mastering these factual basis can we use a variety of mediation methods flexibly in mediation, and then convince both parties to solve disputes smoothly. In-depth investigation is the premise of successful mediation. As the saying goes, there is no right to speak without investigation. Do a good job in mediation, and you can't just listen to one side of the story. Only after in-depth investigation and detailed first-hand information, can we be justified in mediation and avoid giving people a handle in conversation and putting ourselves in a passive situation.
Fifth, the application skills of causal factors. The cause of dispute refers to the cause of dispute, that is, the facts that cause dispute, including direct cause and indirect cause, remote cause and near cause. The cause of the dispute is the root of the dispute and the starting point of the mediator's mediation. A seemingly simple civil dispute may have both direct and indirect causes, and both remote and near causes exist. Generally speaking, direct cause and proximate cause are relatively easy to find out. However, the real causes of disputes are often indirect causes and remote causes hidden behind direct causes and near causes.
This requires mediators to go deep into reality, do meticulous investigations, uncover layers of veils, and find out the real causes of disputes. Only by grasping the real reason can we completely solve the dispute from the root. Any dispute happens for a reason. Mediators can go straight to the point in mediation, so they won't waste time and energy on minor issues.
Principles of mediation and handling of inheritance disputes
1. Men and women enjoy equal inheritance rights.
Influenced by traditional customs, some people still retain the wrong idea of "carrying on the family line". Therefore, we should emphasize the concept of equality between men and women in the process of inheritance. Unless the parties voluntarily give up, men and women are equal in inheritance rights. The concrete manifestations are: equal right to inherit property regardless of gender; The share of inheritance of heirs in the same order is equal regardless of gender; The immediate family members of the younger generation who have the right to subrogation inheritance have the right to the inheritance of subrogation inheritance's father or mother, regardless of gender; When one spouse dies, the heir has the right to dispose of the estate regardless of gender, and can also decide whether to remarry after inheriting the estate.
2. Care for the elderly and protect the weak.
Children born in wedlock, children born out of wedlock, adopted children and stepchildren who form a foster relationship enjoy equal inheritance rights; When dividing the inheritance, we should pay attention to keeping the share of the fetus' inheritance, take care of the heirs who have special difficulties or lack the ability to work and have no source of income, and divide the inheritance more for the elderly and minors who live with the decedent; In testamentary succession, even if the testator does not keep the share of the inheritance of the fetus or the heirs who lack the ability to work and have no source of income, they should be given the inheritance. This not only reflects the protection of the weak by socialist laws, but also contributes to social harmony and stability.
3. Rights and obligations are consistent.
If the decedent has not made a will or concluded a bequest and support agreement, his estate shall be treated as legal inheritance. The specific scheme of legal succession is actually a presumption that the scheme can best reflect the will of the decedent and reflect the general social evaluation. Among them, those who have more obligations to the decedent should get more inheritance. Widowed daughter-in-law and widowed son-in-law who have done their main duty to support their parents-in-law can become the legal heirs in the first order and enjoy the right of inheritance in the first order; When distributing the inheritance, the heirs who have made the main support obligations to the decedent or lived with the decedent can get more points; If the heirs who have the ability to support and have the conditions to support fail to fulfill their support obligations, they shall not be divided or scored less; Those who support the decedent more than the heir can get an appropriate inheritance; When the heir inherits the estate, he shall first pay off the debts of the decedent; If the supporter of the legacy maintenance agreement fails to perform the maintenance obligation, he shall not enjoy the right of bequest. Implementing the principle of consistency of rights and obligations reflects the orientation of national public policy, encourages the formation of a good atmosphere for supporting the elderly, and is conducive to protecting the legitimate rights and interests of the elderly.
4. Give full play to the legacy.
The division of heritage should be conducive to the needs of production and life, without damaging the utility of heritage. An estate that is not suitable for division can be treated by discount, appropriate compensation or * * *. When a dispute arises between the parties, the mediator can provide a win-win solution for all parties in time, promote the full use of the heritage, and help to reach a mediation plan quickly.
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