05 cases of refusal to mediation, dialogue at the Court in Vietnam – This is one of the notable contents of the Law on Mediation and Dialogue at Court 2020, newly passed by the National Assembly on June 16, 2020.
Article table of contents
05 cases of refusal to mediation, dialogue at the Court in Vietnam (Internet image)
Specifically, according to Article 17 of the Law on Mediation and Dialogue at Court 2020, each case is mediated by 01 mediator.The petitioner may select a mediator from the list of mediators of the court that is competent to settle the case or by the the judge in charge of mediation or dialogue of the court where the case is settled shall appoint the mediator at the choice of the petitioner.
However, it's not always the case that the selected or appointed mediator is allowed to participate in mediation or dialogue. A mediator must give a refusal when selected, appointed or changed in one of the following cases:
1 - He/she has rights and obligations related to the case undergoing the mediation or dialogue;
2 - It is well founded that he/she may not be impartial and objective while performing his/her duties;
3 - The parties change the assigned mediator and agree to select another mediator;
4 - The mediation, dialogue cannot be conducted due to force majeure events or objective hindrance;
5 - He/she is dismissed or discharged in accordance with the Law on Mediation and Dialogue at Court 2020.
For cases 1, 2 and 4, the mediators who refuse to conduct mediation or dialogue must notify the reasons to the parties, the court competent to settle the case and the court where the mediator has worked.
Parties that request to change the mediator must notify the reason to the mediator, the court competent to resolve the case and the court where the mediator has worked.
Within 3 working days after the mediator refuses to conduct mediation or dialogue or is requested to be changed but the parties do not agree to select a mediator, the judge in charge of mediation or dialogue shall appoint another mediator to conduct mediation, dialogue and give such a notice to the mediator and the parties.
Where the parties select another mediator, the judge in charge of mediation or dialogue shall appoint such mediator according to the parties' choice and give such a notice to the mediator and the parties.
If the judge appoints a mediator of another district-level People's Court, that Court must be notified.
Nguyen Trinh
