Procedures for mediation or dialogue sessions at court in Vietnam

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

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

1. Procedures for mediation or dialogue sessions at court in Vietnam

Procedures for mediation or dialogue sessions at court in Vietnam according to Article 25 of the Law on mediation or dialogue at the Court 2020 is as follows:

- The mediator introduces participants in the mediation session; present the content that needs mediation or dialogue; the process of preparation for mediation or dialogue; read the provisions of law related to the resolution of civil case or administrative lawsuit, analyze legal consequences of successful mediation or dialogue.

- The petitioner, or his/her representative, presents the contents of the petition; proposes his/her points of view on issues that need mediation, dialogue and directions for settling the dispute or lawsuit.

- The respondent, or his/her representative, presents his/her opinions as to the petition; proposes his/her points of view on issues that need mediation, dialogue and directions for settling the dispute or lawsuit.

- Persons with related rights and obligations, or their representatives, present their opinions as to the petitioner or respondent; propose their points of view on issues that need mediation, dialogue and directions for settling the dispute or lawsuit.

- Persons who are invited to participate in mediation or dialogue express their opinions.

- The mediator performs the tasks prescribed in Article 23 of the Law on mediation or dialogue at the Court 2020 to assist the parties in exchanging their opinions, making additional presentations on unclear contents and reaching agreement on the settlement of dispute or lawsuit.

- The mediator summarizes matters that the parties have agreed upon or have not agreed upon.

2. Record of outcome of mediation or dialogue at court in Vietnam

Record of outcome of mediation or dialogue at court according to Article 31 of the Law on mediation or dialogue at the Court 2020 are as follows:

- A record of outcome of mediation or dialogue at court must contain at least:

+ Date of the session to record outcome of mediation or dialogue;

+ Composition in the session to record the outcome of mediation or dialogue;

+ Progress of the mediation or dialogue; successful mediation or successful dialogue.

In case there is any content that the parties do not agree on, it is also written in the record;

+ In case the parties agree an amicable divorce, the agreement of the parties must contain all matters related to on divorce, property division, care for and education of minor children and/or adult children who are legally incapacitated, are incapable of work and have no property to support themselves on the basis of ensuring the legitimate interests of their spouses and children in accordance with the Law on Marriage and Family;

+ If the content of the agreement on mediation or dialogue of the parties is related to the rights and obligations of another person but such person is not present at the mediation or dialogue session, it must be clearly stated in the record;

+ Opinions of the parties on whether or not to request the court to issue a decision on recognition of the successful mediation or successful dialogue;

+ Signatures or fingerprints of the parties, their representatives and interpreters;

+ Signature of the mediator;

+ Signature of the judge attending the session.

- The record of mediation outcome or the record of dialogue outcome shall be kept in the documentation of mediation or dialogue and delivered to the present parties.

If the persons specified at Point e, Clause 1 of Article 31 of the Law on mediation or dialogue at the Court 2020are absent, the mediator must send the record to them so that they can give their comments.

- The mediator refuses to make a record of mediation outcome or a record of dialogue outcome if falling into the cases prescribed at Point g, Clause 1, Article 14 of the Law on mediation or dialogue at the Court 2020.

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