RECONCILIATION, DIALOGUE: Bridge of consensus

In the face of the increasing and complicated civil, family, commercial and administrative disputes, the method of conciliation and dialogue in court is increasingly asserting its important role. Not only does it help save time and costs for the State and the people, it is also an effective way to resolve conflicts, contributing to strengthening the great solidarity of the entire people.

Mediator analyzes and persuades litigants during the mediation of a civil case. Photo: KHÁNH NGỌC

In recent times, the People's Courts at two levels of Phu Yen province have proactively implemented mediation and dialogue in the process of resolving civil and administrative cases and achieved many positive results.

Find common ground

Not only does it help reduce pressure on the court, mediation and dialogue also open up opportunities for the parties to find common ground in a clear and effective process. Currently, this work is carried out in two stages: before accepting the case (pre-litigation) and after accepting it (litigation). In the pre-litigation stage, the mediator supports the parties to reach an agreement without having to open a trial. Once the case has been accepted, the judge continues to conduct mediation and dialogue according to the litigation process. In a space of equality and respect, the parties are listened to and their views are presented, under the guidance of the mediator and the judge, conflicts are resolved not only by legal reasoning, but also by understanding, goodwill and social responsibility.

Mr. Le Quoc Ly, Deputy Chief Justice of the Provincial People's Court, said: Mediation and dialogue activities according to the Law on Mediation, dialogue at court or according to the Civil Procedure Code and the Administrative Procedure Law are very important, helping to resolve disputes effectively, saving time, costs and efforts for the parties, contributing to limiting prolonged complaints, causing public outrage. In addition, this activity also helps to heal conflicts, maintain good relationships between the parties and raise legal awareness among the people. In particular, in marriage and family cases, successful mediation can save family happiness; and in cases of consensual divorce, it helps the parties agree on child custody, alimony and reasonable division of property.

According to the Provincial People's Court, from October 1, 2024 to May 26, 2025, the two-level People's Court successfully mediated 1,197 cases; in the Provincial People's Court alone, there were 11 cases in which the plaintiff voluntarily withdrew the petition after the dialogue. This result shows the efforts of the Court sector in promoting the method of dispute resolution through mediation and dialogue, contributing to bringing justice into life in a practical and humane way.

In recent times, in the context of an increasing number of civil and administrative cases, the People's Courts at two levels of Phu Yen province have actively implemented mediation and dialogue activities at the court to improve the effectiveness of resolving and adjudicating all types of cases. According to Mr. Le Quoc Ly, promoting mediation and dialogue not only contributes to eliminating conflicts and disputes between parties, reducing the burden on adjudication activities, but also helps litigants find a common voice, moving towards consensus in a peaceful atmosphere, respecting the law.

The role of the dialogue moderator

For each mediation and dialogue session to be effective, the role of the mediator and judge team is extremely important. They are not only legal guides, but also the “pace-keepers” of the dialogue, mediators regulating emotions, and building trust so that the parties can open up to cooperation.

Many mediators are selected from lawyers, retired judicial officers , people with prestige in the community, knowledgeable about the law, skilled in mediation, skillful in handling situations and have a lot of practical experience. In sensitive cases such as land disputes between relatives, divorce, and division of property, the experience of the mediator is a key factor in helping the parties find a common voice. In addition, the team of judges is the core force in organizing, monitoring and supporting mediation activities, ensuring that the process is carried out publicly, transparently and in accordance with regulations. Many judges have spent a lot of time mobilizing and persuading the parties to successfully mediate, thereby significantly shortening the time to resolve the case.

Sharing about this work, Mr. Tran Ngoc Quynh, mediator of Tuy Hoa City People's Court, said: Most cases brought to court are often very tense, so mediators not only need to understand the law and professional skills, but also need to grasp the psychology and causes of conflicts to convince with reasoning and sincerity. Clearly explaining the legal regulations, procedural procedures and benefits of mediation will help people choose the right solution, avoiding having to bring the case to trial.

Deputy Chief Justice of the Provincial People's Court Le Quoc Ly said that in the coming time, the two-level People's Court of Phu Yen will continue to thoroughly implement Directive 02 dated March 14, 2022 of the Chief Justice of the Supreme People's Court on strengthening mediation and dialogue to improve the effectiveness of resolving civil and administrative disputes. In addition to focusing on training and fostering skills for mediators and judges, the two-level court will continue to promote the benefits of mediation and dialogue to the people. "We identify this as one of the important solutions to help resolve conflicts from the root, increase consensus in society and reduce pressure on trial activities," Mr. Ly emphasized.

Source: https://baophuyen.vn/phap-luat/202505/hoa-giai-doi-thoai-nhip-cau-cua-su-dong-thuan-d241a7a/