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Spanish mediator helps Sanya court

China Daily | Updated: 2023-08-09 00:00
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HAIKOU — When a middle-aged Frenchman living in Hainan province was faced with divorce, he turned to Isidro de La Cal Patino, a foreign mediator at the Second Foreign-Related Civil and Commercial Tribunal of Hainan in the city of Sanya.

"My wife wants a divorce and my visa is about to expire. I don't have enough money to hire a lawyer to fight the case," he told De La Cal Patino.

In the courtroom, the Frenchman continued to provide details of his family dispute in English. De La Cal Patino calmed him down, offering advice in English while simultaneously communicating with the judge in Chinese and then conveyed the judge's comments to the Frenchman.

After nearly two hours, Isidro and the judge were able to gain a complete understanding of the man's situation and decided to discuss a way to resolve the dispute through pre-litigation mediation with his wife.

This was one of the many cases De La Cal Patino has handled. Since becoming a foreign mediator just over a year ago, the 46-year-old Spaniard has participated in 10 mediation cases, including foreign-related tourism and family disputes.

Leveraging his proficiency in Spanish, English and Chinese, as well as his understanding of local customs and foreign cultures, he has volunteered to assist judges and foreigners with interpretation, consultation and mediation.

De La Cal Patino got his bachelor's in London and worked in the United Kingdom for a short period before moving to China 17 years ago. Over the course of his career, he has explored a variety of roles, including as an administrative worker, English teacher and culinary instructor.

However, it was during a trip to Sanya that De La Cal Patino, an avid surfer, developed a fascination for the vibrant lifestyle of this tropical coastal city. Six years ago, he decided to settle in Sanya with his wife and open a culinary training agency.

The Second Foreign-Related Civil and Commercial Tribunal of Hainan was set up for the centralized jurisdiction and trial of foreign-related civil and commercial disputes in line with the construction of the Hainan Free Trade Port, and is committed to providing fair, efficient and convenient judicial services to Chinese and foreign nationals.

When a friend told De La Cal Patino that the tribunal in Sanya needed international volunteers and foreign mediators, he decided to give it a shot and passed the interview. In 2019, he started working as an international volunteer, and last year, he received official approval to join as a foreign mediator.

"Before, I was only involved in interpretation, but now I can participate in the mediation of cases. Almost every month, a foreigner who wants to resolve a dispute judicially asks for my help," De La Cal Patino said. He said that foreign-related civil and commercial tribunals provide more comprehensive judicial protection to foreigners living in China, and is willing to participate in the work.

Being involved in the court has given him an understanding of the judicial process in China and changed his impression of courts.

"The facilities are very advanced, the staff are friendly, and the judges speak fluent English and are very professional and reliable," he said. "My family in Spain was surprised to learn that there are foreign mediators in Chinese courts, and they are very proud of me. I hope to gain more experience and do this job better."

In recent years, courts and other organizations in China have worked to create a mediation mechanism to help parties reach settlements, where possible, during the pre-litigation and litigation processes, as part of a drive toward the speedy and cost-effective resolution of disputes. Courts in many cities such as Beijing, Shanghai and Shenzhen, Guangdong province, are hiring foreign mediators to help in foreign-related civil and commercial cases.

Ma Xuetao, vice-president of the Sanya Intermediate People's Court, said that the move demonstrates the openness and inclusiveness of China's judicial system. Foreign tourists in Sanya come to the tribunal for help when they encounter disputes during their travels. Through foreign mediators, many small cases can be solved quickly, Ma said.

Xinhua

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