Court-Annexed Mediation and Dialogue: EU JULE Policy Brief No. 7

Court-Annexed Mediation and Dialogue: EU JULE Policy Brief No. 7

January 25, 2021

Court-annexed mediation and dialogue is a form of mediation conducted under the auspices of the court in the pre-trial stage of a case, giving the parties an opportunity to explore whether the dispute can be settled amicably before going to court. This is a new dispute resolution mechanism in Viet Nam, introduced through a pilot program launched in 16 localities throughout the country since 2018[1]. Cases submitted to court will be first transferred to Mediation and Dialogue Centres at the Court, which are established under the pilot program, except cases not under the court’s jurisdiction, cases not subject to mediation or dialogue, and cases where the parties don’t wish for mediation or dialogue at the court. The majority of mediators are retired judges, procurators, lawyers, legal experts who have experience and capability in resolving disputes. Court-annexed mediation and dialogue is recognized as an important initiative to help reduce the number of cases submitted to court and to enhance the quality of court process for complicated cases.

Under EU JULE, a survey was conducted to assess the effectiveness of the pilot model on Court-annexed mediation and dialogue and provide recommendations to law makers for improving the draft of a new Law on Court-annexed mediation and dialogue.

This EU JULE Policy Brief No.7 will summarize the main information on Court-annexed mediation and dialogue in Viet Nam and propose recommendations.