Conditions for becoming a Mediator under the Law on Mediation, Dialogue in Court

On June 16, 2020, the 14th National Assembly voted to pass the Law on Mediation and Dialogue at the Court. This new law fully specifies the criteria for a Mediator as well as the order, procedures, and authority to choose and appoint. This is an institutionalized policy to attract and mobilize human resources with knowledge and experience in society to participate in coordination with the Court to conduct mediations and dialogues to resolve civil disputes,  administrative complaints.

1. Requirements for appointment of mediators (Article 10 – Law on Mediation, Dialogue at Court)

The person who wants to be appointed a mediator must be:

• A Vietnamese citizen who is permanently residing in Vietnam;
• Loyal to the Fatherland and the Constitution of the Socialist Republic of Vietnam;
• Has full legal capacity;
• Has good moral qualities, is exemplary in the observance of the law;
• Meets all requirements below may be appointed as a mediator.

In addition to the above-mentioned conditions, a person who wants to be appointed as a Mediator must also fully meet the following conditions:

• Having at least 10 years of experience as a Judge, Court Examiner, Court Clerk, Procurator, Procurator Inspector, Civil Judgment Executor, Inspector; lawyer, expert, or professional; being knowledgeable about customs and traditions and having prestige in the community;
• Having experience and skills in mediation or dialogue;
• Attain fitness to complete the assigned tasks;
• Possessing a certificate of professional training in mediation or dialogue conducted by a training facility of the Supreme People’s Court, unless he/she has been a judge, court examiner of chief examiner or senior examiner level, court clerk of chief clerk or senior clerk level, procurator, executor of civil judgment, or inspector.

          2. A person who falls into one of the following cases may not be appointed as a mediator  (Clause 2 Article 10 – Law on Mediation, Dialogue at Court)

Failing to meet the requirements specified in Section 1 of this Article;

• Having been an official or public employee; commissioned officer or non-commissioned officer of the People’s Army, professional solider, worker and defense officer; People’s Public Security commissioned officer or non-commissioned officer, or police worker.

          3. Grounds for appointment of mediators (Article 11 – Law on Mediation, Dialogue at Court)

A person who finds himself/herself satisfactory with all the requirements specified in Clause 1, Article 10 of Law on Mediation, Dialogue at Court may submit an application for appointment of mediator to the court where he/she wishes to act as a mediator.

• Within 20 days after receiving a duly complete application for appointment of mediator, the chief judge of the People’s Court of province shall consider appointing a mediator; if the application is refused, the chief judge must provide explanation in writing.

      4.The term of office of a mediator is 3 years from the date of appointment (Clause 6 Article 11 – Law on Mediation, Dialogue at Court)

The above are regulations about conditions for becoming a Mediator under the Law on Mediation, Dialogue in Court. The Law on Mediation and Dialogue at Court will officially take effect from January 1, 2021.

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