Case 1 – Shijiazhuang workplace injury pre-trial m...
Location: The district court Participants: The mediator (female, age 36), the plaintiff and his parents, their attorney, the second defendant and his uncle, the first defendant and his attorney.
The Case:
Plaintiff sued the defendant of physically hurting him while they were joking around at the workplace.The plaintiff patted him on his bottom while the defendant was doing his job — cutting vegetable in the restaurant where both of them work.The defendant got angry and injured the plaintiff’s thumb with a cleaver he was using, causing the plaintiff to be hospitalized.The doctors performed a surgery on him and he is expecting another surgery, in addition to three months recovery.Therefore, the plaintiff and his parents want the defendant and their boss to compensate for his medical fees, the meal costs, the caretaker wages, as well as the cost of missing workdays during the three months.The employer became the first defendant.Both the employer and the second defendant have already paid a certain amount of money to the plaintiff, yet not as much as the plaintiff wants (or needs).(https://www.daowen.com)
The Mediation Session:
The mediator and all other participants are in the same room at the beginning.The mediator inquires about and confirms the facts of the case.She then asks the defendants to leave the room.The plaintiff, his attorney and his parents are required to calculate the maximum and the minimum sum of money that they would like the defendants to pay.After over half an hour, the mediator asks the plaintiff’s side to withdraw and bring in the first defendant (the employer) and his attorney.The employer is angry with the plaintiff for suing him and does not think that he should be responsible.After talking with the mediator for over half an hour, they are asked to leave without promising to pay.The second defendant and his Uncle are brought in.They complained that they are too poor to pay.At the end, all three sides are sitting together in one room again.The conflict is not resolved.They will have to go to court to let their case be heard by the judge another day.