Vietnam: What is the mediation and dialogue preparation step of the Mediator? How is the order of mediation and dialogue at the Court regulated?
- Who is the composition of the mediation and dialogue session at the Court of Vietnam?
- What is the mediator's preparation for mediation and dialogue in Vietnam?
- How is the order of mediation and dialogue at the Court regulated in Vietnam?
- In what cases do not conduct mediation and dialogue at the Court of Vietnam?
Who is the composition of the mediation and dialogue session at the Court of Vietnam?
Pursuant to Article 25 of the Vietnam Law on Conciliation, dialogue at the Court 2020 provides for the composition of conciliation and dialogue at the Court including:
- The mediator;
- Parties, representatives, interpreters;
- Persons invited to participate in the mediation or dialogue session in necessary cases.
The parties may, in person or through their representatives, participate in mediation or dialogue; and each party must further notify the other party and the mediator in writing of the full name and address of their representative. For divorce mediation, the parties in the spousal relationship must participate in the mediation in person.
The rights and obligations of the representatives of the parties are determined in accordance with the Civil Code.
The respondent in an administrative Vietnam Lawsuit may authorize a representative to participate in the dialogue. The authorized representative must have full authority to resolve the Vietnam Lawsuit.
Vietnam: What is the mediation and dialogue preparation step of the Mediator? How is the order of mediation and dialogue at the Court regulated?
What is the mediator's preparation for mediation and dialogue in Vietnam?
Pursuant to Article 21 of the Vietnam Law on Conciliation, dialogue at the Court 2020 stipulates the preparation of mediation and dialogue of mediators including:
- Receiving the application and attached documents transferred by the court;
- Record the case in the logbook;
- Examining the application and attached documents transferred by the court;
- Determining litigation positions of the parties, their representatives and interpreters in the civil case or administrative Vietnam Lawsuit; notify them of mediation or dialogue;
- Requesting the parties to supplement information, documents and evidence; proposing plans and solutions to resolve the civil case or administrative Vietnam Lawsuit;
- Formulating plans and solutions for mediation or dialogue;
- Invite reputable people capable of influencing each party to the mediation or dialogues for further support when necessary;
- Studying relevant Vietnam Laws and regulations, understanding customs, practices and circumstances of the parties intended for mediation or dialogue when necessary;
- Consulting with entities with expertise in fields related to the civil case or administrative Vietnam Lawsuit intended for mediation or dialogue when necessary;
- Other contents necessary for mediation or dialogue.
How is the order of mediation and dialogue at the Court regulated in Vietnam?
Pursuant to Article 26 of the Vietnam Law on Conciliation, dialogue at the Court 2020 stipulates the order of conciliation and dialogue at the Court as follows:
Step 1:
- The mediator introduces participants to the mediation and dialogue;
- Present content that needs mediation and dialogue; evolution of the process of preparing for reconciliation and dialogue;
- Disseminate the provisions of Vietnam Law related to the settlement of civil cases, administrative complaints, analysis of legal consequences of successful conciliation, successful dialogue.
Step 2:
- The petitioner, the petitioner or their representative present the content of the request or initiation of the Vietnam Lawsuit;
- Propose views on issues that need mediation, dialogue and ways to resolve disputes and complaints.
Step 3:
- The respondent or his/her representative presents his/her opinion on the request of the petitioner, the petitioner;
- Propose views on issues that need mediation and dialogue; directions for resolving disputes and complaints.
Step 4:
- Persons with related interests and obligations or their representatives presenting their opinions on the request of the petitioner, petitioner, respondent;
- Propose views on issues that need mediation and dialogue; directions for resolving disputes and complaints.
- Persons involved in mediation and dialogue express their opinions.
- Mediator performing duties:
+ Disseminate and explain the rights and obligations of the parties.
+ Create conditions for the parties to propose and discuss plans and solutions to settle civil cases and administrative complaints.
+ Analyzing the effectiveness and feasibility of each option and solution to settle civil cases and administrative complaints; support the parties to reach agreement and agreement.
To support the parties to exchange opinions, make additional presentations on unknown contents and come to an agreement, agree on the settlement of disputes and complaints.
Step 5: The mediator summarizes the issues that the parties have agreed upon, agreed on or have not agreed upon.
In what cases do not conduct mediation and dialogue at the Court of Vietnam?
Pursuant to Article 19 of the Vietnam Law on Conciliation, dialogue at the Court 2020 stipulates cases in which conciliation and dialogue cannot be conducted at the Court as follows:
- Claim for damage to State property.
- The case arises from a civil transaction that violates the prohibition of the Vietnam Law or is contrary to social ethics.
- The petitioner, the petitioner, the respondent, the person with related interests and obligations have been invited to participate in the mediation or dialogue for the second time but are still absent because of force majeure events or objective obstacles or cannot participate in mediation or dialogue for good reasons.
- A spouse in a divorce dispute is a person who is incapacitated for civil acts.
- One of the parties proposes not to conduct mediation or dialogue.
- One of the parties requesting the application of temporary emergency measures in accordance with the provisions of the Code of Civil Procedure and the Vietnam Law on Administrative Procedure.
- Other cases as prescribed by Vietnam Law.
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