09 Principles to Know When Participating in Mediation and Dialogue at the Court

09 principles to know when participating in mediation, dialogue at the Court (Illustrative image)

Article 3 Law on Mediation and Dialogue at the Court 2020 prescribes 09 principles of mediation and dialogue at the Court that parties participating in mediation and dialogue (hereinafter referred to as the parties) and Mediators must comply with, specifically:

1. The parties must voluntarily mediate and dialogue.
2. Respect the voluntary agreements and consensus of the parties, not forcing the parties to agree contrary to their will.
3. Ensure equality of rights and obligations between the parties.
4. The content of the mediation agreement and unified dialogue should not violate the prohibitions of the law, not contradict social ethics, not evade obligations to the State or other agencies, organizations, individuals, and not infringe on the legal rights and interests of agencies, organizations, individuals.
5. Information related to the mediation and dialogue case must be kept confidential.
6. The method of mediation and dialogue should be flexible and appropriate to the actual situation.
7. The Mediator conducts mediation and dialogue independently and in accordance with the law.
8. The language and script used in mediation and dialogue is Vietnamese. Participants in mediation and dialogue have the right to use their ethnic language and script; in which case, they may arrange or request the Mediator to arrange an interpreter for them.
9. Ensure gender equality, protecting the legal rights and interests of children in mediation and dialogue.

Details can be found in the Law on Mediation and Dialogue at the Court 2020, effective January 01, 2021.

Ty Na

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