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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