03 cases of termination of mediation proceedings in Vietnam

03 cases of termination of mediation proceedings in Vietnam (Internet image)

Regarding this issue, LawNet would like to answer as follows:

What is commercial mediation?

Commercial mediation means a method of resolving commercial disputes agreed upon by involved parties with the assistance of a commercial mediator acting as an intermediary in accordance with Decree 22/2017/ND-CPe.

Principles of dispute resolution through commercial mediation include:

- Disputing parties shall participate in mediation on an entirely voluntary basis and are equal in terms of rights and obligations.

- Information relating to a mediation case shall be kept confidential, unless otherwise agreed upon in writing by involved parties or otherwise prescribed by law.

- Mediation agreement contents must neither violate prohibitory provisions of law nor contravene social morality, nor aim at shirking obligations nor infringe upon rights of a third party.

(Clause 1, Article 3 and Article 4, Decree 22/2017/ND-CP)

03 cases of termination of mediation proceedings in Vietnam

A mediation proceeding shall terminate in the following cases:

(1) Involved parties have attained a successful mediation result.

According to Article 16 of Decree 22/2017/ND-CP regulations on recognition of successful mediation results as follows:

"A written record of successful mediation result shall be recognized in accordance with the civil procedure law."

(2) The commercial mediator finds it unnecessary to continue the mediation after consulting involved parties.

(3) At the request of one or more than one disputing party.

(Article 17 of Decree 22/2017/ND-CP)

Regulations on mediation order and procedures in Vietnam

Specifically, Article 14 of Decree 22/2017/ND-CP stipulates the mediation order and procedures as follows:

- Involved parties may select to apply the Mediation Rule of a commercial mediation institution for conducting mediation or reach agreement on the mediation order and procedures.

If the parties do not reach such agreement, the commercial mediator may conduct mediation according to the order and procedures he/she finds suitable to the circumstances of the dispute and the aspirations of the parties, which are accepted by the parties.

- The resolution of a dispute may be mediated by one or more than one commercial mediator as agreed upon by involved parties.

- At any time in the mediation process, a commercial mediator may put forth proposals for dispute resolution.

- The venue and time of mediation may be agreed upon by involved parties or selected by the commercial mediator in case the parties reach no agreement thereon.

Rights and obligation of disputing parties in the mediation process in Vietnam

Rights and obligation of disputing parties in the mediation process include:

(1) Disputing parties have the following rights:

- To select the mediation order and procedures, commercial mediators, and venue and time for mediation;

- To accept or refuse mediation; to request suspension or termination of mediation;

- To request mediation to be conducted publicly or behind closed doors;

- To express their wills and decisions on mediation contents;

- Other rights as prescribed in Decree 22/2017/ND-CP and relevant laws.

(2) Disputing parties have the following obligations:

- To truthfully present circumstances of their dispute, and provide information and documents relating to the dispute at the request of the commercial mediator;

- To comply with the successful mediation result;

- To pay remuneration and costs for commercial mediation, unless otherwise agreed upon;

- Other obligations as prescribed in Decree 22/2017/ND-CP and relevant laws.

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