Some notable points regarding mediation and dialogue at Court

Some notable points regarding mediation and dialogue at Court

Legal Basis

Law on Mediation or dialogue at Court No. 58/2020/QH14 dated June 16th, 2020.

Some notable points regarding mediation and dialogue at Court

2.1. Is mediation and dialogue in court mandatory?

Pursuant to Article 3 of the Law on Mediation and Dialogue at Court 2020 stipulates:

Principles of mediation or dialogue at court

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 and dialogue is Vietnamese. Participants in mediation and dialogue have the right to use the spoken and written language of their people; In this case, they can arrange it themselves or ask the Mediator to arrange 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.

Thus, the organization of mediation and dialogue at Court shall be voluntarily participated by the parties and is not required.

2.2. Is there a fee for mediation in court?

Pursuant to Clause 1, Article 9 of the Law on Mediation and Dialogue at Court 2020 stipulates:

Costs incurred in mediation or dialogue at court

The costs incurred in mediation or dialogue at court shall be covered by the state budget.

Thus, in principle, funding for mediation and dialogue activities at Court is taken from the state budget except for the following three types of costs:

Mediation costs for disputes on business and trade related to monetary claim;
Costs incurred when the parties agree to select a place for mediation or dialogue outside the court’s headquarters; costs incurred when the mediator examines the current state of assets related to the civil case or administrative lawsuit which are outside the administrative boundaries of the province where the competent court is located;
Costs incurred in foreign language interpretation.

2.3. Can participants choose a mediator in court?

Clause 1, Article 8 of the Law on Mediation and Dialogue at Court 2020 stipulates:

Rights and obligations of parties in mediation or dialogue at court

The parties have the following rights:
a) Agree or refuse to participate in mediation, dialogue or terminate mediation or dialogue;
b) Participate in mediation or dialogue in person or through a representative as specified in Clauses 2 and 3, Article 25 of this Law;
c) Choose a mediator from the list of mediators of a court that has jurisdiction to settle civil cases or administrative lawsuits; in cases falling under the jurisdiction of People’s Court of district, a mediator of other People’s Court of district in the same administrative boundaries with the People’s Court of province may be selected;
d) Propose to change the mediator in accordance with this Law;
dd) Engage an interpreter, by themselves or upon request to the mediator, in case where the participants in the mediation or dialogues do not know Vietnamese or have hearing, speech or vision disabilities;
e) Request the Mediator, participants in mediation or dialogue, other agencies, organizations, individuals, and Judges participating in the meeting to record the results of mediation or dialogue to keep the information they provide confidential. grant;
g) Express will, propose methods and solutions for settling disputes, requests and complaints; agree on the content of mediation or dialogue;
h) Request the court to recognize the successful mediation or successful dialogue;
i) Request the obligor to fulfill obligations as agreed in the successful mediation or successful dialogue;
k) Request the competent court to reconsider the decision on recognition of successful mediation or successful dialogue in accordance with this Law.

Thus, when participating in mediation or dialogue at Court, the parties have the right to choose a Mediator from the Court’s list of Mediators or request to change the Mediator.