Current location - Education and Training Encyclopedia - Educational institution - What kind of dispute is the education and training contract dispute?
What kind of dispute is the education and training contract dispute?
Education and training contract disputes belong to contract disputes.

The education and training contract dispute refers to the dispute between the parties to the contract on the education and training contract. It mainly includes three types: first, disputes between the parties about education and training contracts, including compensation for unqualified training services and disputes over the payment time of training fees; Second, the dispute between the parties to the education and training contract about the education and training contract, including the dispute over the standard of education and training fees and the responsibilities that should be borne after the termination of the education and training contract; Thirdly, the disputes between the parties to the education and training contract include those arising from the other party's failure to perform its contractual obligations or non-compliance, and those arising from the other party's failure to perform its obligations and non-compliance.

The methods for resolving contract disputes are as follows:

1, reconciliation. Reconciliation is a way for both parties to settle disputes through negotiation without going through judicial procedures according to their contractual liabilities for breach of contract and their actual conditions. Reconciliation is a common way to solve disputes. However, due to the lack of legal binding force of the settlement agreement, some people may break their words, making the settlement result a dead letter and delaying the effective settlement of disputes;

2. Mediation. Mediation means that both parties to the dispute choose a trusted third party to mediate the contract dispute. Mediation is usually based on the principle of mutual understanding and reconciliation. This way is easier to solve disputes than reconciliation, but because the mediation agreement does not have the mandatory effect as the settlement agreement, the settlement of disputes is not satisfactory;

3. arbitration. Arbitration refers to the way that both parties to a dispute submit the dispute to a statutory arbitration institution according to the arbitration clause in the contract or the arbitration agreement reached after the dispute occurs, and the arbitration institution mediates according to the arbitration rules and makes an award according to law. If the parties are unwilling to settle or mediate, or the settlement or mediation fails, they may apply to an arbitration institution for arbitration according to the arbitration agreement. And may apply for enforcement according to the effective arbitration agreement;

4. litigation. Litigation is the last way to solve contract disputes. It refers to the way that the people's court makes a judgment according to law according to the requests, facts and laws of both parties to the dispute to solve the dispute. If the parties have not concluded an arbitration agreement or the arbitration agreement is invalid, they may bring a suit in a people's court.

To sum up, education and training contract disputes belong to contract disputes, which can be resolved through conciliation, mediation, arbitration and litigation.

Legal basis:

Article 233 of the Civil Code of People's Republic of China (PRC)

If the property right is infringed, the obligee can solve it through conciliation, mediation, arbitration and litigation.