5 CASES FOR REFUSAL OF MEDIATION OR DIALOGUE, REPLACEMENT OF MEDIATORS
On June 16, 2020, the National Assembly promulgates the Law No. 58/2020/QH14 on Mediation and Dialogue at Court.
Accordingly, a person may be appointed as a mediator if he/she fully meets conditions prescribed by this Law, such as: Having worked as judges, verifiers or clerks of courts, procurators, etc.; Possessing mediation and dialogue experience and skills; Being physically fit to fulfill assigned tasks; Possessing a certificate of further training in mediation and dialogue skills, etc.
Each case of mediation or dialogue shall be conducted by 01 mediator. The suer or requester shall select a mediator from the list of mediators of the court with jurisdiction to settle the case and shall notify the mediator’s full name and address to such court.
Besides, the Law provides that a mediator shall refuse when selected or designated, or be replaced in one of the following cases: Being a person with interests and obligations related to the case of mediation or dialogue; There are evident grounds to believe that the mediator may be neither impartial nor objective in the performance of his/her tasks; The parties replace the designated mediator and agree to select another mediator; The mediation or dialogue cannot be conducted because of a force majeure event or an external obstacle; He/she is relieved from duty or dismissed.
In addition, the time limit for mediation or dialogue is 20 days from the date the mediator is designated; for complicated cases, this time limit can be extended up to 30 days at most. The parties may agree to extend the time limit for mediation or dialogue up to 02 months at most.
This Law takes effect on January 01, 2021.
