Order and Procedures in Mediation and Dialogue Activities at the Court

Procedures in mediation and dialogue activities at the Court (Illustrative image)

Specifically, in Chapter III of the Law on Mediation and Dialogue at the Court 2020, the procedures in mediation and dialogue activities at the Court are detailed as follows:

1. Process of receiving and handling petitions and requests at the Court and appointing a Mediator

- The petitioner or requester shall submit a petition or request for resolution of civil cases and administrative complaints along with accompanying documents and evidence to the competent Court for resolution.- Within 02 working days from the date of receiving the petition or request, if not falling into one of the cases stipulated in clauses 1, 2, 4, 6, and 7 of Article 19 of this Law, the Court shall notify the petitioner or requester in writing about their right to choose mediation, dialogue, and select a Mediator as prescribed by this Law.- Each case is conducted by 01 Mediator. The petitioner or requester shall choose a Mediator from the list of Mediators of the competent Court to deal with the case and must notify the Court of the name, address of the chosen Mediator.

2. Preparation for mediation and dialogue at the Court

According to Article 21 of the Law on Mediation and Dialogue at the Court 2020, the preparation for mediation and dialogue by the Mediator includes:

- Receiving the petition and accompanying documents transferred by the Court.- Recording the case in the tracking log.- Studying the petition and accompanying documents transferred by the Court.- Determining the status of the parties, representatives, and interpreters in civil cases and administrative complaints, notifying them about the mediation and dialogue.- Requesting the parties to supplement information, documents, evidence; proposing options and solutions to resolve civil cases and administrative complaints.- Developing mediation and dialogue options and solutions.- Inviting reputable individuals capable of influencing each party to participate in the mediation and dialogue to support it when necessary.- Studying related legal provisions, understanding the customs, traditions, and circumstances of the parties to facilitate mediation and dialogue when necessary.- Consulting agencies, organizations, and individuals with expertise related to civil cases and administrative complaints to serve mediation and dialogue when necessary.- Other necessary content for mediation and dialogue.

3. Conducting the mediation and dialogue session at the Court

When the parties agree to meet to unify the resolution plan for civil cases and administrative complaints, the Mediator sets the time and place for the mediation and dialogue session and informs the parties, representatives, and interpreters at least 05 days before the session.

4. Conducting the session to record the results of mediation and dialogue at the Court

When the parties reach an agreement on resolving the entire or part of the case, the Mediator sets the time and place for the session to record the results of mediation and dialogue. The session to record the results of mediation and dialogue may be held immediately after the mediation and dialogue session or at another suitable time.

Note: The Mediator conducts the session to record the results of mediation and dialogue at the headquarters of the competent Court.

5. Issuing a decision to recognize or not recognize the successful mediation, successful dialogue at the Court

After drafting a record of the results of mediation, a record of the results of dialogue, the Mediator transfers the record along with accompanying documents to the competent Court for a decision to recognize the successful mediation or dialogue if requested by the parties. Accordingly:

- If there are sufficient conditions to recognize the successful mediation or dialogue, the Judge issues a decision to recognize the successful mediation or dialogue.- If there are not sufficient conditions to recognize the successful mediation or dialogue, the Judge issues a decision not to recognize the successful mediation or dialogue and states the reasons.

Note: the mediation and dialogue period is 20 days from the date the Mediator is appointed, for complex cases, this period may be extended but not longer than 30 days. The parties may agree to extend the mediation and dialogue period, but not more than 02 months.

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

Ty Na

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