On June 16, 2020, the 14th National Assembly voted to pass the Law on Mediation and Dialogue at Court. This new law defines the role of the Mediator in the mediation and dialogue proceedings at the Court. As follows:
- Preparation for mediation or dialogue at court (Article 21 – Law on Mediation, Dialogue at Court)
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. Tasks of mediators in the process of conducting mediation or dialogue at court (Article 23 – Law on Mediation, Dialogue at Court)
- Disseminate and explain rights and obligations of the parties.
- Enable the parties to propose and discuss plans or solutions to settle the civil case or administrative lawsuit.
- Analyze the effectiveness and feasibility of each plan and solution for resolving the civil case or administrative lawsuit; assist parties to reach an agreement.
The Mediator deals with both facts and legal matters, but law is not the focus of the mediation process. Mediation is not about deciding who is right and who is wrong, who is at fault, declaring who wins and who loses, but looking into the future. The focus is not on who said what, what to do in the past. Instead, its purpose is to find a practical solution that is acceptable to anyone involved, taking into account various interests, legal interests as well as other benefits (e.g.: To preserve relationships or honor or find competitive boundaries in the marketplace).
The above are regulations about the Role of the Mediator in procedures for mediation and dialogue at Court under the Law on Mediation, Dialogue at Court. The Law on Mediation and Dialogue at Court will officially take effect from January 1, 2021.
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