Reconciliation Team in Areas with Many Ethnic Minorities Must Have a Mediator Who is an Ethnic Minority?
Mediation Group in Areas with a Large Population of Ethnic Minorities Must Have an Ethnic Minority Mediator?
Pursuant to Article 12 of the Law on Grassroots Mediation 2013 which provides for mediation groups as follows:
A mediation group has a leader and mediators. Each mediation group must have at least 03 mediators, including female mediators. For areas with a large population of ethnic minorities, the mediation group must have at least one mediator who is an ethnic minority.
The Chairperson of the People's Committee at the commune level decides on the number of mediation groups and mediators based on the local socio-economic characteristics, population, and upon the recommendation of the Standing Board of the Vietnam Fatherland Front Committee at the commune level.
Annually, the Head of the Front Work Committee coordinates with the leader of the mediation group to review and evaluate the organization and activities of the mediation group and recommend the Standing Board of the Vietnam Fatherland Front Committee at the commune level to propose to the People's Committee at the commune level to reorganize the mediation group.
Thus, for areas with ethnic minority populations, it is mandatory to have an ethnic minority mediator in the mediation group as per the above regulations.
Can a Mediator Mediate if One of the Parties is Their Sibling?
According to the provisions of Article 10 of the Law on Grassroots Mediation 2013 regarding the duties of a mediator, as follows:
Conduct mediation when there are grounds as stipulated in Article 16 of this Law.
Adhere to the principles provided in Article 4 of this Law.
3. Decline to mediate if they have related rights and obligations to the case or for other reasons that prevent them from ensuring objectivity and fairness in mediation.
Promptly notify the leader of the mediation group to report to the Chairperson of the People's Committee at the commune level to take preventive measures in cases where serious conflicts, disputes, which may lead to violence affecting the health, lives of the parties, or causing public disorder.
Promptly notify the leader of the mediation group to report to the competent authority in cases of conflicts, disputes with signs of administrative or criminal law violations.
Accordingly, in a case where mediation is not ensured to be objective due to one party being the sibling of the mediator, the mediator must decline to mediate.
Respectfully!
