Designation of mediators in conciliation and dialogue at Court in Vietnam

According to Article 5 of the Circular No. 03/2020/TT-TANDTC, designation of mediators according to Clause 6 Article 16 in the Law on Conciliation and Dialogue at Court of Vietnam is stipulated as follows:

1. The Judge in charge of conciliation and dialogue shall issue a decision to appoint a mediator at the choice of the petitioner or claimant in the following cases:

- The petitioner or the claimant selects the mediator from the list of mediators of the Court having jurisdiction to settle the case;

- The petitioner or claimant selects a mediator from the list of mediators of another district-level People's Court located within the same administrative boundary as the provincial-level People's Court, and receives agreement from the mediator and the Court where the mediator is working.

2. The Judge in charge of conciliation or dialogue may autonomously issue the decision to designate the mediator in the following cases:

- The petitioner or claimant requests selection of conciliation or dialogue, but does not choose the mediator;

- The petitioner or claimant selects a mediator from the list of mediators of another district-level People's Court located within the same administrative boundary as the provincial-level People's Court but, in spite of disagreement of the mediator or the Court where the mediator is working about this selection, the petitioner or claimant does not select another mediator;

- Upon exceeding the time limit of 03 working days after receiving the second notice, the petitioner or claimant does not respond.

3. When appointing a mediator of his/her choice as mentioned in section 2, the Judge in charge of conciliation and dialogue shall refer to the nature of each case or matter, the number of cases or matters that are being handled by the mediator, the qualifications and experience of the mediator to decide the appointment.

For cases involving persons under 18 years of age, when appointing a mediator, the Judge in charge of conciliation and dialogue must refer to the mediator's professional qualification, expertise and working period of the mediator to assess his/her psychiatric experience and understanding towards people under 18 years of age.

View more details at the Circular No. 03/2020/TT-TANDTC of the Supreme People’s Court of Vietnam, effective from January 01, 2021.

Thuy Tram

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