On 22 March 2018, judges of Maritime Division of Haikou Maritime Court through persistent efforts successfully settled a dispute over the co-ownership of a vessel. The plaintiffs and the defendant reconciled, and the settlement of the case made good social and legal impacts.

I. Careful study of files to accurately identify issues of the case.

The plaintiffs, Chen and Yang, brought an action against the defendant, Fu, in relation to the payment and labour costs for the transfer of ownership of a fishing boat under construction. They claimed for unpaid amounts in the sum of 1 million odd. After receiving the case files, Bai Wenying, the handling judge, read through the files carefully to learn about the claims and defence of both parties and to identify the disagreement between them.

II. Active communication to understand the facts of the case.

After gaining basic information about the case, the handling judge took the initiative to contact the plaintiffs and the defendant, and learnt that it was inconvenient for them to come to the court for reconciliation. The judge then repeatedly communicated with the key litigants and their attorneys over the phone, in an attempt to understand facts hidden behind the written documents and to find any possibility for reconciliation.

III. Listening with patience to seize the best timing for reconciliation.

During the communication, the handling judge adopted a gentle tone, listened to both the plaintiffs and the defendant with great patience, and took timely action to dispel the litigants’ various concerns. She also minutely analysed the pros and cons for the litigants, and explained relevant legal provisions with examples of similar cases. She informed the litigants of the difference in the effective time of a judgment and reconciliation, and helped them find a balance between their benefits. Through these efforts, the litigants eventually showed the will to reconcile.

IV. Final timely strike to facilitate reconciliation based on analysis of evidence.

The litigants reached an agreement on reconciliation after multiple negotiations. However, one of the plaintiffs, Chen, went back on her words and increased her claims on the grounds of her husband’s objection. Based on the facts of the case, the handling judge analysed the evidence produced by both parties and pointed out to the plaintiff and her attorney the plaintiff’s disadvantages in the case. Influenced by the attorney’s professional strength and the trust between them, the plaintiff was able to measure her advantages against disadvantages. Eventually the plaintiff cast aside her antagonism and agreed to settle at CNY 750,000. The plaintiffs and the defendant shook hands and reconciled.