Law on Mediation and Dialogue at Court: 04 Key Points Mediators Need to Know

Law on Mediation and Dialogue at the Court: 04 Details Mediators Need to Know (Illustrative Image)

In Chapter II Law on Mediation and Dialogue at the Court 2020, there are regulations on 04 important points regarding the conditions for appointment, appointment of Mediators, rights and obligations, commendation, and handling violations of Mediators, detailed as follows:

1. 06 Conditions for Appointment

According to Article 10 of the Law on Mediation and Dialogue at the Court 2020, the conditions for appointing Mediators are as follows:

- Be a Vietnamese citizen permanently residing in Vietnam, loyal to the Fatherland and the Constitution of the Socialist Republic of Vietnam;- Have full civil act capacity, good moral character, be exemplary in abiding by the law;- Have experience and skills in mediation and dialogue;- Have health that ensures the completion of assigned tasks;- Have a certificate of training in mediation and dialogue;- Have been a Judge, Court Examiner, Court Clerk, Prosecutor, Inspector of the People's Procuracy, Civil Judgment Executor, Inspector, Lawyer, expert, or specialist with at least 10 years of experience in related fields.

Additionally, the Law stipulates that individuals who do not meet the above conditions are not eligible for appointment as Mediators. Furthermore, individuals who are officials and public employees, officers, non-commissioned officers in the Army, and the People's Public Security are not eligible for appointment as Mediators.

2. Appointment of Mediators

According to Article 11 of the Law on Mediation and Dialogue at the Court 2020, individuals who meet the conditions for appointment may submit an application for appointment as a Mediator at the court where they wish to serve. The application for appointment as a Mediator includes:

- Application form for appointment;- Curriculum vitae and Criminal record certificate;- Health certificate issued by a competent medical authority;- Documentation proving the satisfaction of conditions as stipulated by this Law;- Certificate of training in mediation and dialogue as stipulated.

Within 20 days from the date of receiving a complete application for appointment, the Chief Justice of the provincial People's Court shall review and decide on the appointment of the Mediator. In case of refusal, the reason must be provided in writing. The term of the Mediator is 03 years from the date of appointment.

3. Rights and Obligations of Mediators

Mediators have the following rights:

- Conduct mediation of civil cases, and dialogue in administrative complaints as stipulated by this Law;- Request parties to provide information, documents, and evidence related to the case, and other related necessary information and documents for the mediation and dialogue;- Inspect the actual state of property related to the dispute, complaint before drafting the record acknowledging the results of mediation and dialogue at the request of one of the parties;- Invite respected individuals to participate in the mediation, dialogue; consult agencies, organizations, and individuals with expertise in the field of dispute, complaint;- Not be held legally responsible for the authenticity of the information, documents, evidence provided by the parties;- Refuse to provide information, documents, evidence related to the case, except where the parties agree in writing or as stipulated by law;- Refuse to draft the record acknowledging the results of mediation, dialogue if there is sufficient basis to determine that the agreement, consensus violates the prohibitions of the law, goes against social ethics, or evades responsibilities to the State or other agencies, organizations, or individuals;- Receive professional, technical training for mediation, dialogue;- Be issued Mediator cards;- Receive remuneration as stipulated by the Government of Vietnam;- Be eligible for commendation as stipulated by the law.

Mediators have the following obligations:

- Carry out mediation, dialogue according to the prescribed procedures;- Comply with the law, be independent, impartial, and objective;- Ensure the confidentiality of information as stipulated;- Do not coerce parties into mediation, dialogue against their will;- Do not receive money or benefits from the parties;- Refuse to mediate, dialogue if falling into one of the cases requiring refusal when selected, appointed, or altered;- Respect the agreement, consensus of the parties, provided the content does not violate legal prohibitions or go against social ethics, etc.;- Refuse to participate in proceedings as judicial participants or participants in cases where they have conducted unsuccessful mediation, dialogue, except in cases otherwise stipulated by law.

4. Commendation and Handling Violations for Mediators

According to Article 15 of the Law on Mediation and Dialogue at the Court 2020, Mediators are commended and handled for violations as follows:

- Mediators with achievements in performing their duties shall be commended as stipulated by the law.- Mediators who violate regulations, depending on the nature and extent of the violation, may be considered for handling in accordance with the law or be subject to termination of their position as Mediators.

For further details, see Law on Mediation and Dialogue at the Court 2020, effective January 1, 2021.

Ty Na

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