Scope and Principles of Mediation Activities at the Grassroots Level

Scope and Principles of Mediation Activities at the Grassroots Level
Bich Hoa

The Law on Grassroots Mediation 2013 was promulgated on June 20, 2013. This Law officially came into effect on January 1, 2014. One of the fundamental contents stipulated in this document is the scope of mediation as well as the principles of organization and operation of grassroots mediation.

To be specific, according to the provisions of Article 3 of the Law on Grassroots Mediation 2013, grassroots mediation is conducted for disputes, conflicts, and legal violations, except for the following cases:

- Conflicts and disputes that infringe on the interests of the State and public interests;- Violations of law regarding marriage and family, civil transactions that, according to the provisions of civil procedure law, cannot be mediated;- Violations of law that, according to regulations, must be subject to criminal prosecution or administrative handling;- Other conflicts and disputes that are not subject to grassroots mediation according to the provisions of law.

Grassroots mediation shall be organized and conducted based on the following principles:

- Respect the voluntariness of the parties; not force or impose upon the parties in grassroots mediation;- Ensure compliance with the policies and laws of the State, social ethics, good customs, and traditions of the people; promote the spirit of solidarity, mutual assistance, and support among family members, clans, and the community; pay attention to the rights and legitimate interests of children, women, the disabled, and the elderly;- Be objective, fair, prompt, reasonable, and considerate; keep private information of the parties confidential, except as provided in Clauses 4 and 5, Article 10 of the Law on Grassroots Mediation 2013;- Respect the will, rights, and legitimate interests of the parties, and the rights and legitimate interests of others; not infringe on the interests of the State and public interests;- Ensure gender equality in the organization and activities of grassroots mediation;- Do not misuse grassroots mediation to prevent the involved parties from protecting their rights according to the law or to evade administrative or criminal handling.

These provisions are stipulated in Article 4 of the Law on Grassroots Mediation 2013.

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