Mediator is a Third party agreed upon by the disputing parties to act as an intermediary to resolve their dispute during the mediation process. The duty of the mediator is to serve as an intermediary to assist the parties in finding common ground to resolve the dispute.
1. Standards for Mediators
According to the provisions of Article 7 of the Law on Grassroots Mediation 2013, individuals elected as mediators must be Vietnamese citizens residing in the grassroots area, voluntarily participating in mediation activities, and meet the following criteria:
- Possess good moral character; have prestige within the community;- Have the capability to persuade and mobilize people; have legal knowledge.
2. Regulations on Election and Recognition of Mediators
Individuals who meet the criteria as prescribed in Article 7 of the Law on Grassroots Mediation 2013 have the right to self-nominate or be introduced to the list of mediator candidates by the Front's working committee in cooperation with member organizations of the Front.
The head of the Front's working committee, in cooperation with the village head or the group leader of the residential area, organizes the election of mediators in the village or residential area using one of the following forms:
- Open voting or secret ballot at a meeting of household representatives;- Distributing polls to collect household opinions.
Election results for mediators:
- The individual nominated for recognition as a mediator must receive over 50% approval from household representatives in the village or residential area;- In cases where the number of individuals receiving over 50% approval from household representatives exceeds the number of mediators to be decided by the Chairman of the Commune People's Committee as prescribed in Clause 2 of Article 12 of the Law on Grassroots Mediation 2013, the list of individuals nominated for recognition as mediators will be based on the highest to lowest vote results;- In cases where the number of elected individuals is insufficient to form a mediation team, additional elections will be organized to meet the required number;- The head of the Front's working committee compiles the list of individuals nominated for recognition as mediators and submits it to the Chairman of the Commune People's Committee.
The Chairman of the Commune People's Committee issues the decision to recognize mediators. The decision to recognize mediators is sent to the Standing Committee of the Vietnam Fatherland Front Committee at the commune level, the head of the Front's working committee, the village head, the group leader of the residential area, the mediators, and announced publicly in the village or residential area.
This content is stipulated in Article 8 of the Law on Grassroots Mediation 2013.
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