Preparation for mediation or dialogue at court in Vietnam

Preparation for mediation or dialogue at court in Vietnam (Internet image)

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

1. Preparation for mediation or dialogue at court in Vietnam

According to Article 21 of the Law on Mediation and Dialogue in Court 2020, the work of preparing mediation or dialogue of mediators includes:

- Receiving the application and attached documents transferred by the court;

- Record the case in the logbook;

- Examining the application and attached documents transferred by the court;

- Determining litigation positions of the parties, their representatives and interpreters in the civil case or administrative lawsuit; notify them of mediation or dialogue;

- Requesting the parties to supplement information, documents and evidence; proposing plans and solutions to resolve the civil case or administrative lawsuit;

- Formulating plans and solutions for mediation or dialogue;

- Invite reputable people capable of influencing each party to the mediation or dialogues for further support when necessary;

- Studying relevant laws and regulations, understanding customs, practices and circumstances of the parties intended for mediation or dialogue when necessary;

- Consulting with entities with expertise in fields related to the civil case or administrative lawsuit intended for mediation or dialogue when necessary;

- Other contents necessary for mediation or dialogue.

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

Regulations on refusal to mediation, dialogue, change of mediator according to Article 18 of the Law on Mediation and Dialogue in Court 2020 are 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 the Law on Mediation and Dialogue in Court 2020.

- Mediators who refuse to conduct mediation or dialogue specified at Points a, b and d, Clause 1 of Article 18 of the Law on Mediation and Dialogue in Court 2020 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. Modes of mediation or dialogue at courts in Vietnam

Modes of mediation or dialogue at courts according to Article 22 of the Law on Mediation and Dialogue in Court 2020 are as follows:

- Mediation or dialogue may be conducted in one or more sessions.

- Mediation or dialogue may be conducted at or outside the head office of the court at the parties' discretion.

- Sessions of mediation or dialogue may be conducted in the form of direct or other appropriate forms at the request of the parties.

- Mediators may conduct mediation or dialogue in presence of the parties or meet them separately; request each party to present their opinions on issues of the civil case or administrative lawsuit; propose solutions for mediation or dialogue.

In case one of the parties has a representative and/or an interpreter, the mediator must invite them to participate in mediation or dialogue.

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