How to solve the dispute of intermediary contract?

I Intermediary contract How to settle disputes?

intermediary contract dispute It can be negotiated, mediated, arbitrated or litigation To solve the problem.

1. Consultation

Intermediary for the parties to negotiate on their own Breach of contract Dispute refers to a way that the parties to a dispute over breach of an intermediary contract, on the basis of voluntary mutual understanding and in accordance with relevant national laws, policies and contracts, reach a settlement agreement by presenting facts and reasoning.

2. Mediation

Mediation of dispute over breach of intermediary contract refers to the activity that both parties voluntarily, under the auspices of a third party (i.e. the mediator), on the basis of finding out the facts and distinguishing right from wrong, make the third party explain and persuade the parties to the dispute, urge them to understand and compromise each other, reach a settlement agreement, and thus resolve the dispute. Mediation has the following three characteristics:

First, mediation is conducted under the auspices of a third party, which is obviously different from the self reconciliation between the two parties;

Second, the third party presiding over the mediation only persuades the two parties to understand each other and reach a mediation agreement instead of making an award, which shows that mediation and arbitration are different;

Third, mediation is legal mediation based on facts, laws and policies, rather than regardless of right and wrong, regardless of the "harmony" between laws and policies.

3. Arbitration

Arbitration is also called arbitration. Contract arbitration That is, a way for the third party to make a neutral judgment on the contract disputes according to the legal provisions in accordance with the arbitration clauses concluded by both parties in the contract or the arbitration agreement reached voluntarily, so as to solve the contract disputes. Arbitration is a legal system commonly established in modern countries to resolve disputes.

4. Litigation

There are four ways to resolve disputes arising from the breach of intermediary contract in the course of performance: the parties themselves negotiate for settlement, mediation, arbitration and litigation. Among them, the arbitration method is very popular with the parties due to its flexibility, simplicity, faster dispute resolution and lower cost. However, if one party is unwilling to arbitrate, the dispute between the two parties can only be settled by litigation instead of arbitration. Therefore, litigation is the final form to resolve disputes over breach of intermediary contract.

2、 What are the legal characteristics of intermediary contracts?

1. An intermediary contract is a contract in which one party reports contracting opportunities for the other party or acts as a contracting medium.

2. The intermediary contract is a paid contract.

3. Intermediary contracts are promissory contracts and informal contracts.

4. The performance of the payment obligation of the client of the intermediary contract is uncertain.

In the intermediary contract, when the activities of the cohabitant achieve the intermediary purpose, the entrusting person will perform the obligation of paying remuneration. And whether the intermediary can achieve the intermediary purpose is uncertain, so the performance of the client's payment obligation is also uncertain.

5. The subject of intermediary contract has its particularity.

After both parties signed the intermediary contract, they need to perform their obligations in strict accordance with the contents of the intermediary contract. If there is a dispute about the intermediary and other related contents, there is no way to perform according to the contents of the contract, and it can be resolved through the people's court litigation. You can also negotiate privately with the other party to see whether mediation can be reached.