Who are the parties in mediation at court? What are the rights and obligations of parties in mediation at court in Vietnam?
Who are the parties in mediation at Court in Vietnam?
Pursuant to Clause 6, Article 2 of the Law on Mediation or Dialogue at Court 2020, it is stipulated as follows:
“parties in mediation” are agencies, organizations and individuals (hereinafter referred to as entities) involved in civil cases as per the Civil Procedure Code.
Thus, “parties in mediation” are agencies, organizations and individuals involved in civil cases as per the Civil Procedure Code..
Who are the parties in mediation at court? What are the rights and obligations of parties in mediation at court in Vietnam?
What are the rights of parties in mediation at court in Vietnam?
Pursuant to Clause 1, Article 8 of the Law on Mediation or Dialogue at Court 2020, it is stipulated as follows:
Rights and obligations of parties in mediation or dialogue at court
1. The parties have the following rights:
a) Agree or refuse to participate in mediation, dialogue or terminate mediation or dialogue;
b) Participate in mediation or dialogue in person or through a representative as specified in Clauses 2 and 3, Article 25 of this Law;
c) Choose a mediator from the list of mediators of a court that has jurisdiction to settle civil cases or administrative lawsuits; in cases falling under the jurisdiction of People's Court of district, a mediator of other People's Court of district in the same administrative boundaries with the People’s Court of province may be selected;
d) Propose to change the mediator in accordance with this Law;
d) Engage an interpreter, by themselves or upon request to the mediator, in case where the participants in the mediation or dialogues do not know Vietnamese or have hearing, speech or vision disabilities;
e) Request the mediator, participants in mediation or dialogue, other entities, and the judge who attends the meeting to record the outcome of mediation or dialogue to keep their provided information confidential;
g) Express will, propose methods and solutions for settling disputes, requests and complaints; agree on the content of mediation or dialogue;
h) Request the court to recognize the successful mediation or successful dialogue;
i) Request the obligor to fulfill obligations as agreed in the successful mediation or successful dialogue;
k) Request the competent court to reconsider the decision on recognition of successful mediation or successful dialogue in accordance with this Law.
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Thus, the parties in mediation at court have the above rights.
What are the obligations of parties in mediation at court in Vietnam?
Pursuant to Clause 2, Article 8 of the Law on Mediation or Dialogue at Court 2020, it is stipulated as follows:
Rights and obligations of parties in mediation or dialogue at court
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2. The parties have the following obligations:
a) Comply with law;
b) Participate in mediation, dialogue in an amicable and cooperative manner to promote the mediation process, dialogue to achieve positive outcome; present accurately the details and contents of the case, promptly provide complete information, documents and evidence related to the case at the request of the mediator;
c) Take responsibility for the authenticity of the information, documents and evidence provided during the mediation or dialogue process; if any information, document or evidence provided is fake, the outcome of mediation or dialogue will be invalidated; in case of any criminal indication, they shall be handled as per the criminal law; if causing damage to other entities, they must pay restitution therefor as per the law;
d) Respect mediators and relevant parties; execute requests of mediators in accordance with this Law;
dd) Abide by the regulations on mediation or dialogue at court;
e) Fulfill obligations as agreed in the successful mediation or successful dialogue.
Accordingly, the obligations of parties in mediation or dialogue at court:
- Comply with law;
- Participate in mediation, dialogue in an amicable and cooperative manner to promote the mediation process, dialogue to achieve positive outcome; present accurately the details and contents of the case, promptly provide complete information, documents and evidence related to the case at the request of the mediator;
- Take responsibility for the authenticity of the information, documents and evidence provided during the mediation or dialogue process; if any information, document or evidence provided is fake, the outcome of mediation or dialogue will be invalidated; in case of any criminal indication, they shall be handled as per the criminal law; if causing damage to other entities, they must pay restitution therefor as per the law;
- Respect mediators and relevant parties; execute requests of mediators in accordance with this Law;
- Abide by the regulations on mediation or dialogue at court;
- Fulfill obligations as agreed in the successful mediation or successful dialogue.
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