Need to Know: 06 Cases of Termination of Conciliation and Dialogue at the Court

06 cases of termination of mediation and dialogue at the Court (Illustrative image)

To be specific, at Article 40 Law on Mediation and Dialogue at the Court 2020, the cases of termination of mediation and dialogue at the Court are stipulated as follows:

1. Successful mediation, successful dialogue.
2. The parties do not reach an agreement, consensus on the entire content of the civil case, administrative complaint or only reach an agreement, consensus on part of the civil case, administrative complaint but that part is related to other parts of the civil case, administrative complaint;
3. One party or both parties do not agree to continue mediation, dialogue, or are absent after 02 times of duly notified mediation, dialogue.
4. During the mediation, dialogue process, it is found that the case falls under 07 cases where mediation, dialogue at the Court cannot be conducted.
5. One of the parties requests the application of Interim Urgent Measures according to the provisions of the Civil Procedure Code 2015, Administrative Procedure Law 2015 during the mediation, dialogue process.
6. The petitioner, requestor withdraws the petition, request form.

Moreover, Article 41 of this Law also stipulates the handling of the termination of mediation, dialogue at the Court for specific cases as follows:

- For cases 2, 3, 4, and 5: The mediator shall transfer the petition and accompanying documents to the court that received the petition to proceed with considering and accepting the case as per the provisions of the Civil Procedure Code, Administrative Procedure Law, except for documents that must be kept confidential according to the provisions of this Law.- For case 6: The mediator transfers the petition and accompanying documents to the court that received the petition to proceed with considering and resolving according to general regulations and informs the parties.

Note: The mediator shall make a record of termination of mediation, dialogue for cases 2, 3, 4, and 5. Within 03 working days from the date of making the record, the mediator must send the record along with the petition, request form, and accompanying materials to the court that received the petition and inform the parties.

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

Ty Na

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