This is a notable provision specified in the Law on Mediation and Dialogue at Court 2020 promulgated on June 16, 2020, and effective from January 1, 2021. This law stipulates confidentiality of information in mediation and dialogue at the Court.
From January 01, 2021, no recording, filming during mediation, dialogue process (Illustrative image)
To be specific, in the principles stipulated in Article 3 of the Mediation and Dialogue Law in Court 2020, the confidentiality of mediation and dialogue information is one of the important principles for the Mediator, the parties involved in mediation, dialogue (hereafter referred to as the parties) and other agencies, organizations, individuals invited to participate in mediation, dialogue (hereafter referred to as the invited parties). Specifically detailed in Article 4 as follows:
- The Mediator, the parties, and the invited parties shall not disclose information they are aware of during the mediation, dialogue process.- During the mediation, dialogue process no recording, filming, or minute recording of the mediation, dialogue is allowed. The recording of the minutes is only conducted to document the results of the mediation, dialogue under the provisions of Article 31 of this Law. The Mediator, the parties are only allowed to take notes for the purpose of mediation, dialogue and must keep the content noted confidential.- Agencies, organizations, individuals shall not use the documents, statements of the parties during the mediation, dialogue process as evidence in the case resolution process (except in cases where the party has presented the document, stated opinions during the mediation, dialogue process consents to the use of their documents, statements during the mediation, dialogue process as evidence or when required to be used as evidence under the law).
Thus, violations of these 03 provisions on confidentiality of mediation, dialogue information in Court will be handled according to the provisions of the law.
Details can be found at Mediation and Dialogue Law in Court 2020, effective January 01, 2021.
Ty Na
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