2022年12月31日 星期六

 talk of two phone call about cancel mediation.

 talk of two phone call about cancel mediation.

someday I got two phone calls, these was that participants want to cancel their cases.

My work is sitting on the counter, a telephone on the desk of the counter.
During the working day, the telephone always ringing.

the first phone call, dialled by the debtor, he is the perpetrator in the traffic accident, and he was in charge of primary cause in the case.
the accident cause damage on the creditor's car, and creditor has take the insured about the body of that car.
because the insurance company had pay creditor for the damage of the car already, the right of claim is shifted from the creditor to the company.
by article 53 in Insurance Act of Taiwan, the company could take the right of claim to debtor, within not more than that  the company paying to the creditor, require the debtor to pay to company .
the insurance of the creditor's car is not cover the whole damage, the creditor require the debtor to pay for the left part of the damage except the insurance.
one can imagine, in this situation, the debtor will pay to creditor and insurance company, pay total twice , that the debtor disagree naturally.
then I made a dial to the creditor, ask him, is it possible that the insurance company can be present during the mediation date, or you can got the power of attorney of the company.
but the creditor indicate that he can't notify the company to show up in mediation or get the power of attorney.
I reply that, the debtor must pay for twice in this situation, how is possible the debtor agree the clauses of mediation?

the second phone call, someone husband say he and his wife make a concession, the mediation date is unnecessary.
this is a case about the family living expenses, the husband make his pension registered under the name of his wife, and his wife only give him some few money monthly to live.
I am in the fury, reply that, I arrange the date , invite the mediator to preside, before apply mediation can you think carefully?

that day only have four cases, that's day-to-day situation, cancel two cases remain the other two.
preparing every cases take my many time and many effort in advance. so I angry that someone apply mediation without consideration.