Can parties participating in grassroots mediation invite a prestigious family member to participate in grassroots mediation in Vietnam?
What are the procedures for grassroots mediation in Vietnam?
Step 1: Assign mediators
The assignment of mediators is based on Article 18 of the 2013 Law on Grassroots Mediation of Vietnam as follows:
- The leader of the mediator team shall assign a mediator to conduct the mediation in case the parties do not choose a mediator.
- The leader of the mediator team shall not assign the mediator to conduct the mediation if there are grounds to believe that the mediator has rights, interests and obligations related to the case or the mediation or there are other reasons leading to the inability to ensure objectivity and fairness in mediation.
- During the mediation process, if the mediator violates the principles of mediation activities or other obligations of the mediator, the leader of the mediation team shall assign another mediator to perform the mediation.
Step 2: Conduct mediation
The conduct of mediation is based on Article 21 of the 2013 Law on Grassroots Mediation of Vietnam as follows:
- Mediation is conducted directly, orally in the presence of the parties. In case the parties have a person with a disability, appropriate support is available to be able to participate in mediation.
- Mediation is conducted publicly or not publicly according to the agreement of the parties.
- Depending on the specific case or matter, on the basis of the provisions of law, social ethics, customs and good practices of the people, the mediator shall apply appropriate measures to help the parties clearly understand the rights and responsibilities of each party in the case, letting the parties agree on the settlement of conflicts and disputes and voluntarily implementing such agreement.
In case of failure to reach an agreement, the mediator guides the parties to request a competent agency or organization to settle in accordance with law.
- The mediator is responsible for recording the contents of the case and the mediation in the logbook of mediation activities at the grassroots.
Note: In case the parties are in different villages or residential groups, the mediation team in that village or residential group shall coordinate in performing the mediation and notify the Leader of the Front's working committee in that place to jointly carry out the mediation.
Step 3: Finish the base mediation
The termination of grassroots mediation is based on Article 23 of the 2013 Law on Grassroots Mediation of Vietnam, and grassroots mediation ends when:
- The parties reach an agreement.
- One party or parties request to terminate the mediation.
- The mediator decides to terminate the mediation when the parties cannot reach an agreement and the continuation of the mediation cannot achieve results.
- Thus, if the parties reach an agreement, based on Article 24 of the 2013 Law on Grassroots Mediation of Vietnam, the parties can agree to make a successful mediation document including the following main contents:
+ Grounds for mediation;
+ Basic information about the parties;
+ Main contents of the case or matter;
+ Evolution of the mediation process;
+ Agreement reached and solutions for implementation;
+ Rights and obligations of the parties;
+ Method and time limit for implementing the agreement;
+ Signatures or fingerprints of the parties and of the mediator.
If the mediation fails, based on Article 27 of the 2013 Law on Grassroots Mediation of Vietnam, the parties have the right to request the continuation of the mediation or request a competent agency or organization to settle in accordance with law.
Can parties participating in grassroots mediation invite a prestigious family member to participate in grassroots mediation in Vietnam?
Can parties participating in grassroots mediation invite a prestigious family member to participate in grassroots mediation in Vietnam?
Pursuant to Article 19 of the 2013 Law on Grassroots Mediation of Vietnam stipulating as follows:
Person invited to mediation
1. During the mediation process, if necessary, the mediator and one of the parties, with the consent of the other party, may invite a reputable person in the family line, in the place where they live or work; people with legal qualifications and social knowledge; village elders, religious dignitaries, people who know the case well; representatives of agencies, organizations or other reputable people participating in the mediation.
2. Persons invited to participate in mediation must comply with the principles of mediation activities at grassroots level.
3. Agencies and organizations whose persons are invited to participate in mediation shall have to create conditions for them to participate in mediation.
Thus, during the mediation process, one of the parties may invite a prestigious family member to participate in the grassroots mediation if it deems it necessary.
However, the consent of the other party must be obtained
At the same time, the person invited to participate in mediation must comply with the principles of mediation activities at the grassroots level.
What are the rights and obligations of the parties in grassroots mediation in Vietnam?
Pursuant to Article 17 of the 2013 Law on Grassroots Mediation of Vietnam stipulating the rights and obligations of the parties as follows:
- Select and propose a mediator, place and time to conduct mediation.
- Agree or refuse to mediation; request to suspend or terminate the mediation.
- Request that the mediation be conducted publicly or not publicly.
- Express their will and decide on the content of mediation.
- Present the facts of the case or matter truthfully; provide relevant documents and evidence.
- Respect the mediator and the rights of the parties involved.
- Do not affect security and order at the mediation venue.
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