On January 18th, 2019, ANT
Lawyers’ representatives Mr. Tuan Nguyen, and Ms. Thuy Nguyen received Mr. Victor Schachter - the
Founder and the President of The Foundation for Sustainable Rule of Law
Initiatives (FSRI) at ANT Office Building, A9 Xuan Phuong Garden, Tran Huu Duc Street, Nam Tu Liem
District, Hanoi. FSRI is a non-governmental organization which provides
training, education and counseling to a range of legal providers in developing
countries, including courts, judges, lawyers and mediators, with the goal of
building sustainable mediation programs which achieve timely, fair and peaceful
resolution of disputes.
At the meeting, Mr. Schachter emphasized
the importance of mediation: "More and more big companies have been using mediation to win-win solution, they don’t want
to destroy their relationship to resolve their problems”, which has been
seriously taken note by Mr. Nguyen.
On the occasion of Mr Schachter’s visit, he
has been informed by Mr Nguyen about the newly set up mediation center in Vietnam,
the Vietnam Effective Commercial Mediation Center (VEMC) which license has been
granted by Ministry of Justice in 2018.
Mr Schachter spent time to visit
the mediation facility including the training room, mediation rooms for joint
meeting and private meeting and suggested some modifications according to his
experience from the US’s meditation practice. VEMC will operate under the
Decree No. 22/2017/ND-CP dated on February 24th, 2017 of the
Government on Trade Mediation. This is the fifth mediation center of Vietnam
established and operated since the Decree No. 22/2017/ND-CP officially took
effect.
Since 2012, Mr Tuan
Nguyen has been made aware of mediation and its benefits. He has been attending
many training since and most recently been accredited by CEDR and Ministry of
Justice as mediator.
Recognizing the rise in number and
complexity in commercial dispute, the 2015 Civil Procedure Code has a new
chapter on recognizing mediation. In February 2017, the Government issued
Decree 22/2017/ND-CP officially legalizing commercial mediation. In addition,
the Vietnam Government also has been focusing on developing mediation as alternative
dispute resolution by piloting court-annexed mediation centers in Hai Phong and
expanding to Hanoi, Ho Chi Minh City, Da Nang, Bac Ninh, Khanh Hoa, Long An.
The results and experience of the project will be an important basis for
developing and promulgating the Law on Mediation and Dialogue at the Court. A written record of successful mediation
results shall be recognized and enforced in accordance with the civil procedure
law. This is an advantage of mediation activity in Vietnam to encourage parties
to participate in resolving trade disputes by mediation.
End the end of the meeting, both Mr Schachter and Mr Nguyen promised to continue working on initiative to
promote mediation and ADR service in Vietnam through training, conferences and
technical assistance.
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