07 cases of non-conduction of mediation or dialogue at court in Vietnam

07 cases of non-conduction of mediation or dialogue at court in Vietnam (Internet image)

In this regard, LawNet would like to answer as follows:

Mediation at court refers to mediation activity conducted by a Mediator before the court accepts a civil case in order to assist parties in mediation to negotiate the civil case settlement as per the Law on mediation or dialogue at the Court 2020

1. 07 cases of non-conduction of mediation or dialogue at court in Vietnam

Article 19 of the Law on mediation or dialogue at the Court 2020 stipulates that cases of non-conduction of mediation or dialogue at court include:

- Claim compensation for damage to the State's properties.

- Cases arising from civil transactions that violate the prohibition of law or social ethics.

- The petitioner, the respondent, persons with related interests and obligations have been duly invited to participate in mediation or dialogue for the second time but still absent due to force majeure events or objective obstacles or unable to participate in mediation or dialogue for valid reasons.

- A spouse in a divorce dispute is legally incapacitated.

- One of the parties proposes not to conduct mediation or dialogue.

- One of the parties requests the application of a provisional emergency measure as per the Civil Procedure Code and the Administrative Procedure Law.

- Other cases as prescribed by law.

2. Cases of refusal to mediation, dialogue, change of mediator in Vietnam

Pursuant to Article 18 of the Law on mediation or dialogue at the Court 2020, the refusal to mediation, dialogue, change of mediator is as follows:

- A mediator must give a refusal when selected, appointed or changed in one of the following cases:

+ He/she has rights and obligations related to the case undergoing the mediation or dialogue;

+ It is well founded that he/she may not be impartial and objective while performing his/her duties;

+ The parties change the assigned mediator and agree to select another mediator;

+ The mediation, dialogue cannot be conducted due to force majeure events or objective hindrance;

+ He/she is dismissed or discharged in accordance with this Law.

- Mediators who refuse to conduct mediation or dialogue specified at Points a, b and d, Clause 1 of this Article 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.

3. Principles of mediation or dialogue at court in Vietnam

Principles of mediation or dialogue at court are prescribed in Article 3 of the Law on mediation or dialogue at the Court 2020 as follows:

- Parties in mediation or dialogue (hereinafter referred to as parties) must voluntarily participate in mediation or dialogue.

- Respect the willingness and agreement of the parties; it is forbidden to force the parties to agree against their will.

- Ensure equality of rights and obligations between the parties.

- The content of a mediation or dialogue agreement does not violate the prohibition of the law, is not contrary to social morality, is not intended to evade obligations to the State or other agencies, organizations or individuals, and does not infringe lawful rights and interests of other entities.

- Information relating to mediation or dialogue must be kept confidential in accordance with Article 4 of this Law.

- Methods of mediation or dialogue are conducted flexibly and in accordance with the actual situation and features of each type of case.

- Mediators shall conduct mediation or dialogue in an independent manner and in accordance with law.

- The spoken and written language used in mediation or dialogue is Vietnamese.

Participants in mediation or dialogue have the right to use the spoken and written language of their ethnic group; in this case, they may, by themselves or request the mediator to, engage an interpreter for them.

Participants in mediation or dialogue are people who have hearing, speech, or vision disabilities have the right to use language, symbols and words dedicated for people with disabilities; in this case, sign language interpreters, oral interpreters, or cued-speech interpreters must be engaged.

- Ensuring gender equality, protecting children's legitimate rights and interests in mediation or dialogue.

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