Some issues about conciliation and dialogue at Court

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Currently, according to the law, before the Court accepts an administrative or civil case, mediation and dialogue activities at the Court are activities conducted by the mediator with the purpose of supporting the parties. agree with each other to resolve the case.


1. Conciliation and dialogue participants at Court

Pursuant to the provisions of Article 25 of the Law on Mediation and Dialogue in Court 2020 stipulates:

1. Conciliation and dialogue session components include:

a) Mediator;

b) Parties, representatives, interpreters;

c) People invited to participate in mediation and dialogue if necessary.

2. The parties may directly or authorize representatives to participate in mediation and dialogue; At the same time, the full name and address of the representative must be notified in writing to the other party and the Mediator. For divorce mediation, the parties in the husband and wife relationship must directly participate in the mediation.

The rights and obligations of the representatives of the parties are determined according to the provisions of the Civil Code.

3. The defendant in an administrative lawsuit may authorize a representative to participate in the dialogue. The authorized representative must have full authority to resolve the complaint.

According to the above regulations, we can see that there are components of a mediation session in court that will include a mediator; parties, representatives, interpreters and people invited to participate in mediation and dialogue in case of necessity. As we know, conciliation and dialogue at Court are activities conducted by Mediators before the Court accepts civil cases or administrative cases with the aim of being able to carry out supporting activities. Assist the parties in reaching an agreement and agreeing to resolve civil cases and administrative complaints according to the provisions of law specifically set out in Clauses 2 and 3, Article 2 of the Law on Mediation and Dialogue at Court. In cases where the parties, through conciliation or dialogue, voluntarily agree and agree on the partial or complete resolution of civil cases or administrative complaints, it is considered successful conciliation and dialogue. Accordingly, the Court issued a Decision recognizing the results of successful conciliation and successful dialogue. Therefore, there is no need to issue a notice to accept the case according to regulations because successful conciliation means no more disputes arise.

Accordingly, if the two sides successfully conciliate and negotiate, the Mediator will record the results in minutes with the conciliation contents according to regulations. In case the parties request, the Mediator transfers all documents and the minutes of successful mediation to the competent Court according to regulations to issue a Decision recognizing the results of successful mediation and successful dialogue. Besides, we currently see that there is still no guidance on the form of decision to recognize successful conciliation results and the form of decision to recognize successful dialogue results, so when the Court issues a Decision, there is still a lack of consensus. on the basis for issuance and the content of the decision.

illustration. Some issues about conciliation and dialogue at Court

2. Order of mediation and dialogue sessions at Court

2.1. Submit a lawsuit, request, or administrative complaint and the Court accepts the application

The plaintiff or requester sends the petition, petition to resolve civil cases, administrative complaints, accompanied by documents and evidence, to the Court with jurisdiction for resolution in the following forms: Direct submission, filed via postal service or via online submission at the Court’s Electronic Information Portal.

After receiving the application, the Court will consider the application within 02 working days from the date of receipt of the petition, request, or administrative complaint. If the application falls within the Court’s jurisdiction and does not fall into the cases of non-conciliation and dialogue at Court as prescribed in Clause 3, Article 16 of the Law on Conciliation and Dialogue at Court, the Court shall notify the court in writing. The plaintiff and the requester know about the right to choose mediation, dialogue and choose a Mediator.

2.2. Implement conciliation options, dialogue and select conciliators of the plaintiff and requester

Within 03 working days from the date of receiving the Court’s notice, the plaintiff or requester shall send an answer agreeing or disagreeing to the Court, in case the plaintiff or requester directly When you come to the Court to present your opinions, the Court will make a record to record the opinions; Minutes with their signature or fingerprint. At the end of this period, the Court will handle as follows:

First, agree: The Court assigns Judges in charge of conciliation and dialogue to carry out conciliation and dialogue. Within 03 working days, the Judge in charge of conciliation and dialogue appoints a Mediator.

Second, disagree: The court transferred the application to be handled according to the provisions of procedural law.

Third, at the end of the 3-day period but the plaintiff or requester has not responded: Notify the plaintiff and requester a second time to exercise the right to choose conciliation, dialogue and choose Peace. solver. The plaintiff or requester has three more days to continue responding: If they agree or have not responded after this time limit, the Court will assign an assistant judge.

responsible for conciliation and dialogue and within 03 days the Judge in charge shall appoint a Mediator to conduct conciliation. After that, the Court notifies in writing the transfer of the case to conciliation, dialogue and the document appointing a Conciliator to the Conciliator, the plaintiff, the requester, the defendant, and the person with interests. , related obligations, the People’s Court of another district if the Mediator of the People’s Court of another district.

2.3. Exercise the defendant’s right to choose mediation, dialogue at Court and choose a Mediator

Within 03 working days from the date of receiving the Court’s notice, the defendant must respond to the Court agreeing or disagreeing. At the end of this time limit, it will be handled as follows:

First, the defendant agrees or not to respond to the Court: The mediator conducts mediation and dialogue.

Second, the defendant does not agree: The court forwards the application to be handled according to the provisions of procedural law.

Third, the defendant requests to change the Mediator: The judge in charge of mediation and dialogue appoints another Mediator if the defendant requests to change the Mediator.

2.4. The mediator conducts the mediation and prepares a record to record the results of the mediation and dialogue at the Court

The time limit for conciliation and dialogue is 20 days from the date the conciliator is appointed; For complicated cases, this time limit may be extended but not to exceed 30 days. The parties can agree to extend the time limit for conciliation and dialogue, but not more than 02 months.

At least 5 days before the opening of the conciliation or dialogue session, the conciliator shall set the time and place for the conciliation and dialogue session and notify the parties, representatives and interpreters. Notification may be made in writing or in another form convenient to the parties. When the set deadline arrives, the Mediator will hold a meeting and make a record to record the results of mediation and dialogue at the Court.

When the parties reach an agreement and agree on the resolution of all or part of a civil case or administrative complaint, the conciliator shall set a time and place for a meeting to record the results of the conciliation. solving, dialogue. The meeting to record the results of conciliation and dialogue can be held immediately after the conciliation or dialogue session or at another suitable time. In case of postponing the meeting to record the results of conciliation and dialogue at the Court, the maximum time limit is 07 days, after which the Mediator continues to reopen the meeting to record the results of conciliation and dialogue at the Court.

After making a record recording the results of mediation and the minutes recording the results of the dialogue, the Mediator transfers the minutes and accompanying documents to the Court with jurisdiction to resolve civil cases and administrative complaints for settlement. issue a decision to recognize the results of successful conciliation or successful dialogue in case the parties so request.

2.5. Decide to recognize or not recognize successful conciliation or dialogue results

The time limit for preparing a decision to recognize successful conciliation or dialogue results is 15 days from the date the Court receives the minutes and accompanying documents.

Thus, in order to conduct conciliation between the parties, it is necessary to follow the order of conciliation sessions and dialogues at the Court and pay attention to complying with the settlement deadline as prescribed by law.

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