Case 1 – Shijiazhuang workplace injury pre-trial m...
M: Today, I was entrusted by the court to mediate (this case of)compensation dispute.I may make some simple comment first.I will make some simple comment now.En, are you still working there? Not anymore, right? Not from the same place, right?
P: Not there anymore …not (from the same place)
M: Not huh.En…we hope you could resolve (the conflict) in a peaceful manner.Because it is a civil dispute, we hope we could settle the problem in the manner for purpose of solving the problem.We cannot bear with offensive words to hurt other people during our mediation.We will make say something briefly, OK.We will resolve (issue) in the manner of respecting the fact.If both parties quarrel and fight with each other, we cannot achieve the goal of solving the problem.En, I will say something, our mediation today is voluntary, that is, whatever suggestions we have, whatever suggestions the plaintiff has could be raised.You can make whatever reasonable request.(But) we only need to be reasonable.Unreasonable comments need not to be made any more.You can make reasonable ones.We don’t want to suppress you not to make (any request).This question can be raised in a reasonable way.That is to say, since we are in the mediation today, we should not worsen the conflict, but should serve the function of alleviate (the conflict)… We now enter that, we now enter that mediation procedure.First, please clarify (your request).What specific request do you have? Say something briefly–when and what happened.
(The attorney of the plaintiff and the plaintiff tell the story,then the mediator asks the defendant side to step out of the room temporarily while she talks to the plaintiff side)
M: your side, please step out for a while.Please withdraw for a while.Your side withdraw first for a while (laugh).Withdraw first for a while.You all, you all on that side,aren’t you?
D1: En…
M: First, first withdraw for a while.It is just to hear what view you have.(You) may say something.Because on our side everything is fine.Our side are all here to mediate.We are all fine.It is just you plaintiff left.You think about if you want a one-time resolution if you want to solve it today, or…If you bring it to the court to mediate(mistake), in the trial, after confirmation, you can only report what has cost so far.The cost occurred later in mediation, as said just now, can be (reported) in the appeals.
PR: We know (that).
M: You have known about this, so you want to have one-time resolution, don’t you? You resolve it all at once, and you will consult the doctor, won’t you? About second surgery,about how much his second surgery will cost.You may have some number in your mind, that is your current expense plus the cost of next surgery.Now you should have a number in your mind, that is, how much money more do you need now if you resolve the problem once.
PR: We have the attitude of solving the conflict…
M: Yup yup…To rest the issue and appease the people.It is not good to run here all the time…we say consuming labors and money.Run again and again, again and again, don’t you? No need…
P: …
M: Yes, even if you are at hometown, you cannot fly all the time…
PR: We live in Zhangjiakou.
M: How much does it cost to come here once?
PR: We did not come here just once.
M: Right, right.Yup yup.How much did it cost you to sue?
PR: The court fee is six hundred and twenty something.
…(the plaintiff attorney and talk to the mediator about the fees that the plaintiff side think that the defendant should pay,and he starts to talk about the compensation for the psychological damage)…
PR:Besides that, we mentioned the compensation for psychological damage in it.This is the problem for the court to consider.
M: Psychological damage? You (yourself) often are lawyer, so you should know, he he, you can mention that, but he he…
PR: Well, in physical damage, one can demand compensation for psychological damage.There is stipulation about this.
M: Psychological damage can only be pointed out in offences causing severe consequences, he he he.
PR: For them, being hurt by a knife, this issue, has a severe consequence, but for him…
M: No, what I said just now is that you can make the claim about his issue, but the other party also know about it.They also hired attorney.
PR: I know.
M: There are legal rules on this.You yourself also know, but you have a number in your mind.What is my maximum amount and minimum amount, you weigh a standard so that to make our negotiation later convenient.Your second operation, when you consult the doctor, what did the doctor say?
(noise)
(...)
P : (...)
M :
(noise)
…(PR and M continue to talk about the fee for second operation and the total sum of the compensation they request,until PR mentions the psychological damage)…
M: Now in this one-time resolution, the maximum is 7000 yuan,isn’t it? You yourself weigh it over, talking about his…
PR:( ) This compensation for psychological damage should be considered.
M : Compensation for psychological damage, let me tell you in this way, our side, we sit together.Usually, if severe consequence is caused, then psychological damage will be considered, in ordinary situation, we only have slight injury, not even counted as minor.Yours is slight injury,ordinary court won’t take into consideration (the psychological damage).Understand? It is not that you make claim and the court will take it into consideration.We often do this (job), so we should be clear in our mind that we can make claims, but the other party also has hired lawyer, so weigh it over.
M continues pushing for one-time resolution.
PR: ( ) If parties have minor injury, let alone major injury, if being diagnosed by a forensic doctor as minor injury, then the compensation for psychological injury is even more valuable.Then our case, if we don’t make claims,possibly…
M: No, he is not slight injury, the forensic doctor diagnosed it.
PR: His case is intentional injury.In his case, the police will find fault in him.
M: No, you could make criminal charge.The key is that now the forensic doctor diagnoses you as no minor injury, but slight injury.(The court) won’t consider (psychological damage) for slight injury.
PR: We talk within ourselves, I make this claim for this mediation
M: En en, yes.
PR: I (do this) not for stimulating this conflict, but for resting the issue and appeasing the people.We need to consider that although it is slight injury, we have to consider that from the perspective of the law, how serious is your slight injury? The consequence does not match to major injury,doesn’t it?
M: Right, because there are minor injury and major injury,injuries more serious than minor ones can be considered to be criminal offence.
PR: In his case, why did we mentioned this issue? His major is chef, that is, cooking and frying.Then in this case, the finger, the function is different.
M: What you said is that there will be (long term) impact.
PR: Will have impact.Here, he himself is in learning this ( )therefore, I think we should make this claim.This is 10000 or 5000.This we cannot be sure.The rules of compensation for psychological damage do not have details (on this).The State Law may have stipulations.How should we carry it out.Then, we should negotiate and try to solve it.That the court supporting this is, in my opinion, necessary, because the his personal injury is relatively big.
M: You did not take
PR: (The distinction between) Slight injury and minor injury has standards.
M: Right, right.You did not take the Job and Labor Related Injury Assessment or something? You did not take it.You only provided assessment from the legal medical expert but not Job Related Injury Assessment.
PR: No.We did not know at that time.
M: I see.Labor disability.What level of the disability, please say something.
P: Not ordinary, not ordinary.
M: Therefore, not serious enough, isn’t it? Not serious enough,isn’t it? We can make claims, I can make claims.(I)know what you mean.(I) may make claims for you.(I) know what you mean.But we need to have a number in our mind,don’t we?
P: These five fingers, the thumb is the most important, isn’t it? If it is some other finger, even if this on the side is cut off, I sometimes, used to hurt my middle finger, I could still (do without it).Why? Because it is middle finger.As long as it is not thumb it is OK.Cutting without the thumb can be strengthless.
M: …Nails here was cut, wasn’t it?
PR: If we have to assess (the injury), usually, it is beyond minor injury.(It) should reach the standard of the minor injury.Because ours is that, if he is disabled, the compensation fee equivocates the compensation for psychological damage, it is equal.Then in this case, if his state could reach that standard, then we wouldn’t request compensation for psychological damage, or (we could)request for disability compensation, but it really does not reach the standard, (that’s why) we then request compensation for psychological damage.
M: You have already weighed (your request).If you want one-time resolution, now my calculation for you is approximately 7000 yuan just according to your list of several items, including, fee for missing work days,nutrition fee, food subsidies, nursing fee, and fee for second surgery.The total is 7000 yuan.
PR: There is still compensation for psychological damage.Give some consideration to this.
M: En,it is 7000 yuan.For the time being, just 7000 yuan.
( )
M: It is now what he has, besides what he has paid, what has paid, this 7000 dollars is what it means, then what is your minimum? The maximum is 7000 dollars, then what is the minimum?
M: As for the minimum, I think you should think about it and you should give some thought on the nutrition fee, what they (should pay) out of the 700 yuan or so.This maximum standard is 7000 dollars.
P: As for nutrition fee, My health was originally poor, before this incident happened (I weighed) 110, and now it is 100 jin.Until now, I am still 100 jin.
( )
M: We can understand (that) you have been in this (situation).We can understand, can understand.
( )
M: (It) can serve as a lesson, understand? Whatever you do from now on, you must… think it over, you are young,understand? Being abused once, grow wisdom once.From now on, from now on, be careful and cautious in your life.
PR: ( )
M: I see, I see.The maximum is 7000.
PR: ( )
M: Five or six thousand is also OK.5000 is also acceptable,isn’t it?
PR: Approximately 6000 yuan.
M: 6000 yuan it is, isn’t it ? You request 6000, don’t you?
PR: ( ) Let’s nail it.We, on the one hand, actually spent 5000 dollars.On the other hand, we estimate that we actually spent more than this amount of money.( )
M: Nope, if you go to the court to appeal later, and now you are just in the examination, you are just…there will still be the accepting and hearing, the accepting and hearing notice, then the trial, the subpoena.You will have to come back and forth several times, what you will spend will be more.How much does it cost you to come here one day?(How come) you have not thought about it.( ) I live here,my home is convenient (for me).I don’t need to spend hotel fee.Eating costs money, doesn’t it? Bus fee needs to be paid.How much does it cost for you to come here once?Let’s weigh it over.This is to say that I say to you that, you say you have reasons and he says he has reasons.You say you, like, beat him (because) he beats you first.He says that I hit first.There is no proof.They(ren jia) have their witnesses.Besides, you really hit him(ren jia) first.
P: ( )
M: They come with proof.What happened at that time, they have attorney, they
PR: ( )
M: Right, they must come with proof( )
M: Now we do really have the injury here.( )
M: I know.Your attitude I can understand.We can understand.( )
M: (Let’s) be like this, (let’s) be like this, attorney.( )( )
M: You accompany them to step outside first.I will call the other party in, then we can negotiate about it again, all right? If you need to persuade them of something, please persuade them, right? They sometimes are not too clear on( )( )
M: You step out, step out first, then call the defendant in here.
…(M listens to the first defendant’s side of the story and his complaint about the plaintiff’s not trying to solve the problem face to face)…
Df1: Have you discuss this problem with me? Also no, right?
M: Is your restaurant the one at LuZhong?
Df1: Yes yes.
M: Ah, have been to have noodle there.
Df1: Is that right ? Let’s talk about this here.You can’t be silly,you know? Once the accident happens, you may request,but your bringing a lawsuit is over reacting, isn’t it?
M: O.
Df1: If you say, that we did not know, did not hear, did not ask and did not care, you might sue me.(We) treated you carefully, assining employees to cook for you… He is saying that against his conscience.
M: Are you a Shijiazhuanger?
Df1: I am a native person.Right?
M: Anyways, the incident has already happened.You also have hired a lawyer and you also has a number in your mind.He knows it without me saying it.
DR: I am I am just playing a supporting role temporarily.
M: Heh… he knows very much how on earth should you compensate.You must know in your mind, right?
Df1: (noise)
M: I don’t need to say more.You have hired...have your attorney here.Since you have such as good legal consultant, you don’t need me to say more to you.Honestly,this is happened during work time, plus (he)is also your employee.Let’s not say any more.(We) are all clear.
Df1: This I know.
M: We say no more (about it).Their side have made their request.They are willing to take one-time payment if it could be resolved once (lowering voice).If the case goes to the court, there could be many issues.We are willing to sign one agreement, let the court issue a mediation agreement to resolve the problem.My opinion is that it depends on what view you have.I won’t say more.You have hired attorney.I don’t need to waste my articulation,OK?This, you say what view you have on your side.
DR: Our view is that in this case, he wants to sue the second defendant, we think there is no problem, from the angle of the law, there is no problem.(However)this civil liability, from the (angle) of civil liability, your principle of liability should follow the liability of the fault.
M: Yes.
M pushes for one-time resolution.
…(M listens to Defendant attorney and the first defendant.They talk about why they think that the plaintiff’s suing is unreasonable)…
M: Now we are talking about, our side now have pointed out this problem.I know what your side means now.Did we point out this problem? You are saying that this restaurant does not belong to you.
D: We only have shares.
M: You are corporation, aren’t you?
D: Right.
M: See, can we today… we base on solving the problem… if we can solve it we solve it, if we cannot solve it we wait until the trial to provide whatever evidence we have to provide.We today…I…Judge Hao said the same thing.We try our best to mediate if we can mediate.If we cannot mediate,we obtain whatever evidence we need to obtain.If you are really corporation, you must be one of the share holders,aren’t you?
D: En.
M: I see.You think about it.If there is possibility to negotiate about it, if this is also probably partnership, all are in-group people.If can negotiate about it, we negotiate as much as possible.If there is no possibility, this problem of suing object, we will try the case as we have to try, then provide evidence (when evidence needs to be provided).Because in our mediation, such problem does not exist.Our presupposition is that you are one of the partners,let’s resolve this issue.If you come to me later, agreement has been made, you cannot find fault in me.Resolve it once, we cannot find fault in our agreement.We ask the court to issue a mediation agreement.In the name of the court, a mediation agreement is made, not in the name of me.We issue an agreement in the name of the court.We won’t disturb each other in the future because his fee of second surgery.
D: He has had three surgeries, so I said let’s go to the court.
M: We are not willing (to go to court) because we are business man.
D: No matter how much business I do, I cannot be wronged like this.
M: We think about how much we can pay.
D: We all have justice.I cannot follow whatever you say, right?You, the first thing is that you brought a huge consequence to my restaurant.I have not even do something about it,you…Right?
M: Even you also say you want to weigh it over.Even we want to say that we are willing to rest the case and appease the people.We are not willing, we do business, we are not willing to come and go, come and go.We think it is troublesome, we do not have the energy to accompany them.We make an honest comment, we are business man,we are not willing to have argument with others, or fight with others.You say what your views are.We try to mediate if we can, if cannot…
DR: This ( ) I cannot make decision.
M: He he.(https://www.daowen.com)
D: If this did not happen and (everybody)is good tempered,out of humanism, we probably would have given a bit.If you want to walk down this way, then we should use legal suing procedures, shouldn’t we? Then I do not have any other choice.We cannot waste one or two more days on the money issue, can we? I cannot be tied to this issue.
M: Nope, they say they want this much, we can negotiate about it.Even you need to weigh it over, because I think there is communication among you, as well as between you and ( )( )
D: We just tell the fact, just fact.This issue involves our rules and our witnesses.Whenever the trial begins, they testify in the court.
M: That is a hassle.
D: You caused this (because) you leave the job post and travel to another job post.In the end you, you know, make me the first defendant, and say “angry and shamed”making you…
M: His indictment, usually is to solve the problem.Probably,some say things more severely, but from the beginning I have told him.
D: Need to follow the fact, you cannot…
M: Your attorney often appear in the court, and you also know that the indictment often has (such severe phrases).Why do we ask you to turn in evidence and question each other?It is because of this problem! We cannot (trust) whatever he says.
D: Right.
M: You have to say what is on our mind.Why (do you have to)so severely speak.( )
M: No no, aren’t we negotiate with you.Isn’t it that (we)come to negotiate with you?
DR: His, his suing object, needs to be clear.
M: Partner, your partner, right? It’s OK.We can negotiate about it with the other party.That’s OK, because no matter what it is just slight injury.
DR: He he.
M: No matter what, this incident has happened.It is impossible that you do not pay for any damage.We said this.Their attorney also said that (we) can talk about the problem of the hand.
D: ( )
M: What he said is like this, but we all know what (the real situation)is like.
D: We deliver meals to him.Normally, his behavior, according to our rules of Management and Punishment, you ask him,you can ask him if there are rules of management in the kitchen.( )Right? Fighting, this (behavior) will be punished if it is light.If it is severe, (we will) hand it over to the police.Do we have such rules? Right?
…(The first defendant continues to complain about how the plaintiff did not follow the employee rules at the restaurant, how he did not even let them know before bringing this issue to the court, and how what the plaintiff said is not the truth.He also speaks for the second defendant who is also his employee and actually hurt the plaintiff.)…
M: Today, aren’t we mediating? Everybody sit here together,he he he.Of course, we won’t favor either side.I am not favoring this or that.We…
D: ( )
M: We say we respect the fact.Let’s see if our side has any room for mediation.
D: This mediation, if (they) did not choose to use law, could continue.Since he chose law, nothing is bigger than the law, use the law to make decisions, and there is no other choice.
M: fa yuan you, fa you ta tiao jie dou you gen jue fa lv dui ba?
M: The court has, the court mediate according to the law,doesn’t it?
D: Right.
M: (It) still follows the law.
D: Right.
M: You see, today ( ) the restaurant needs to open.You see,it cannot open.You see, you see.You have to be a rich manager.
D :( )(I) take it as chatting with big sister.
M: Chatting with me is a small deal.(It) delays your big business, your earning big money!
D: It is OK.It is OK.
M: I am OK.I am staff ( ) we even have dorms here.
D: ( )
M: Then let’s see the thing, see has happened to us, see how to deal with it.Your side say a…
D: ( )
M: We base on the purpose of mediation.
D: I, I cannot represent other people, this is the bottom line.I, I cannot say (anything)(even if)I want to, can I?
M: You say something, say something about the net value,about the net payment.
D: Net payment.
M: En, net payment, net payment.You have said so much.Say a fundamental.
D: The fundamental is money, isn’t it? I have told you just now that I cannot make this decision.
M: Your view is that what we have to do have to be done.
D: We, at least, that is, I have to go back and have some discussion.I cannot make decision.My decision is my own opinion.
M :The indictment, when was it given to you?
D: Ah?
M: The indictment, when was it given to you?
D: The indictment, it is what is written on it.Not even written.It is in June, the end of June.7 or 8 of June.
M: You, this litigation is such a hassle.Your attorney also know this.We do not talk about other things.We have good relation (guanxi).You…we sit a while.We have so many things (to do).We
D: I tell you if he did not walk down this path.
M: We to be honest, several thousand money doesn’t mean much.
D: At the beginning, if (he)sat down and talk, probably I would pay, but he is like this, then let the law decide,right?
M: En, he solve it, he probably does not have other way.This is a way to solve the problem.
D: This I have no choice, I, I dare not say not every case will be won by the defendant, right?
M: We are not saying that all need to be paid by you.You say what you have, say a minimum amount.I think you cannot say that you cannot make decisions.If you could not decide, how did you come.He he.
D: Come I can decide to, but this whole signing and promising thing I cannot decide.This is the fundamental principle.
M: Then shall (we) follow the legal procedures.Then it will be such a hassle.In the end, we, more or less, most probably, will pay them.If we don’t pay them, it most probably, won’t work.
…(the Mediator tries to persuade the defendant not to use litigation)…
D: (It is) very simple.If we two partner to do business, and I go out ( ).Will you agree? You definitely won’t.At least,we should discuss with each other, shouldn’t we?
M: The partner, it is not convenient (for him to come), isn’t it?Can he be called to come or something? Or pick another time, shall we?
D: I tell you, my partner, they have hotter temper than I have.They became angry once knew.Now it is we spent money and healed him.Now it is Mr.NanGuo, DongGuo raising the wolf, which turns back to bite people.It is really abhorrent.
M: Attorney, what is your opinion? Attorney, Attorney say something.
DR: I don’t have any opinion.This is just a brother.
M: I know.Just by looking, it is a friend.
…(defendant attorney, mediator, and first defendant continue to talk about how wrong the plaintiff is to sue the boss, and how they treated him well after he was injured and how he had fault in the injury too.In the end, the mediator asks the first defendant side to withdraw and bring in the second defendant side.The mediator tries to persuade the first defendant side to help persuade and to cooperate with the second defendant to pay the damage to the plaintiff)…
(the first defendant side left and the second defendant side came in)
M: What relationship is it between you and him ?
U: I am his Uncle.
M: You are the Uncle.Oh.You see this thing has happened.You see on this issue, our side should take active measures.No matter what, the other party has been injured, hasn’t he? Our side, no matter what, have been working for a period of time together.No matter how long or how short,for a period of time, we worked together.We will go to the society and see each other.Today this thing has happened,we think, you negotiated probably before you came here,so you have a number in your mind.It is that everbody’s side does have medical fee, and many more, and probably second surgery.You see our side, if we can negotiate about it, we should do that.
U: How much does his side want?
M: His opinion is one-time.You just do one-time resolution and that’s all.(Otherwise) you would come and go many times.
D: His opinion is…
M: (Let me)total the sum for you.The maximum sum is 7000 or so, 7000 or so.Then let’s see how much your side can pay,and I also try to persuade the other side.I heard from the boss just now—I am quite sympathetic about you—that your parents have sickness, paralyzing in the bed.It is indeed not easy.Your boss also said, that the attitude is very cooperative, that your parents said “no matter what, even if I have to smash the wok and sell the iron, I will deal with this issue.”Solve this issue and finish it, right? Your side has asked him to come over, and we also want to finish this issue earlier.You see how are your side doing? I could also talk to the boss later.Your side how much can we pay?
…(the mediator and second defendant talk about how the 7000 dollars are calculated and how much out of 7000 they are able to pay)…
M: (You) lose much money, didn’t you? Your side has lost much money, and his side lives in ZhangJiaKou.You see it is not easy for him to come once.Nor matter how much the bus fee is, (they)will have to use litigation.We do not talk about the medical cost, but the bus fee and transportation expense need to be paid.
D: We say something honest here.Don’t you mind, OK? He is just too wasteful.If you just have your finger cut, do you need oxygen supply? He is just too wasteful on money.It is not that I am criticizing him, isn’t it?
M: Staying in hospital, sometimes.
D: ( ) I am working for others, right? Cut…
M: However, we say in this way, we if we can mediate, we try our best to mediate.If it is hard to mediate and (we have to) use legal procedure, the necessary transportation fee,you will have to pay.It is not just something like one or two thousand.If we try to negotiate, that is, it could be more or less, that is, we will consider your difficulties.We will also try to persuade the other party, and try to get both parties to accept and reach an agreement.(silence)You should think about it, what do you say? This incident has happened among us.They boss are not willing either.Besides, you are their employee.Now this thing has happened to you.Your boss, they, also have to take legal responsibility.It must have its reason.He said that.Think about it.
D: One thing is that, this thing, you cannot let they boss pay the money.We live in this world as people.
M: Yes, I think you are very understanding and considerate as people.
D: They people use you.That does not mean that you can mess up here.
M: Oh, yeah.
D: This is to bring trouble to them people.
M: Make trouble, yeah.Now it is not easy to find a job.Sometimes, you see the boss will
D: If I had this ability, I absolutely would not let them people pay.I would pay what I could pay.
M: En en, your side find a way to pay two thousand, will you?We borrow some and close this issue, that’s all, because how one litigation will cost much money! The transportation cost for they people will be no less than 1000.So much for coming once, and so much for coming again.(All this) will have to be paid by you.
D: This will, how long will this be? What consequence will it have? If the policy will change, will it do?
M: If the policy changes…
D: I don’t know anything about this, just ask.
M: What do you have at home? It is impossible that your family does not have any income.You have crops, haven’t you? You plant crops, don’t you?
D: (We) don’t have crops anymore.
M: What about your work here?
D: A land of three mu.
M: If you refuse to execute the conviction, the court probably will take some measures, that is, detainment and such.This has happened here.
D: Then they won’t…Then let it be.
M: How do you produce values in the society! One thousand,two thousand, you don’t care about that.We are young.
D: ( )
M: You four brothers find a way.From classmates, friends,borrow some and close this issue, then you won’t have to spend energy (on this), and you can focus.
D: ( )
M: We also know that your family condition is very bad.
D: Bad, it is very bad.In one month, we don’t have…
M: I will try to persuade the other party.How about that? You see what is the most…you think about it.
D: 1000 yuan.This time, my salary is really 700 yuan.
M: Now do you still work at the restaurant?
D: Not any more.
M: En?
D: I work in another restaurant.
M: Oh, Oh.
D: I have been getting several hundred.I have been always getting five or six hundred.This time the thing happened to me.Not only that, this is only ( ) four or five hundred.I can only pay a thousand dollars.
M: Oh, oh.Uhn, uhn.What about your side.What about your classmates, friends.You see you made the trouble, your uncle has to help you.Year 85, year 85, so you have already been 21, 22? Octobor of year 85, 21, 21 years old,22 already.You are old enough, anyways, you have made trouble, you should carry the burden yourself.Your uncle is helping you.If you can, resolve it by another 1000 yuan.Then I can work on the other party.Don’t they (ren jia) the other side want 7000 yuan? Then, we can try my best to work on them.Our boss side can share a part.
D: ( )
M: Think again whether you can pay 1000 yuan, will you ? How about you pay another 1000 yuan besides this.
D: Which side?
M: His side.
D: We uncle and niece can gather our money together and give 1000.
M: Now you can only gather 1000 yuan, can’t you?
D: En, yeah, our home really is.
M: Yeah, I have heard from the boss.
D: I tell you that he cannot even pay 100 yuan.
M: You two can step out and talk it over again.See if you could pay back them 2000 yuan or not? Talk it over to see if you could pay a bit more.