On June 16, 2020, the 14th National Assembly voted to pass the Law on Mediation and Dialogue at the Court. This new law has specified the cases where mediation and dialogue are not conducted in court. As follows:
Non-conduction of mediation or dialogue at Court (Article 19 Law on mediation or dialogue at Court)
- Claim compensation for damage to the State’s properties.
- Cases arising from civil transactions that violate the prohibition of law or social ethics.
- The petitioner, the respondent, persons with related interests and obligations have been duly invited to participate in mediation or dialogue for the second time but still absent due to force majeure events or objective obstacles or unable to participate in mediation or dialogue for valid reasons.
- A spouse in a divorce dispute is legally incapacitated.
- One of the parties proposes not to conduct mediation or dialogue.
- One of the parties requests the application of a provisional emergency measure as per the Civil Procedure Code and the Administrative Procedure Law.
- Other cases as prescribed by law.
The above are the cases where mediation and dialogue are not conducted in Court. The Law on Mediation and Dialogue at Court will officially take effect from January 1, 2021.
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