Rewarding mediators with outstanding achievements after 3 years of implementing the Law on Mediation and Dialogue in Court

Focus on perfecting the HGV team

According to Chief Justice of the Provincial People's Court Vu Van Minh, determining that the work of HGVD plays an important role in resolving conflicts and rifts, raising people's awareness of law observance; preventing future disputes and creating consensus, building and consolidating solidarity within the people, the Provincial People's Court focuses on selecting and perfecting the HGVD team, which are judges and secretaries with experience in receiving and handling petitions and requests of litigants.

The team of HGVs are cadres with good moral qualities, prestige, skills, good mediation and dialogue methods, dedication and enthusiasm to participate in mediation and dialogue activities. This team proactively studies and exchanges the content of cases, thereby having reasonable and persuasive analysis to convince the parties in the mediation work. In the process of resolving and adjudicating civil, family, commercial and administrative cases, HGVs actively and persistently work with the parties to resolve civil disputes through mediation and dialogue in administrative complaints.

HGV Ton That Cam Doan ( Hue City People's Court), a person with a high rate of successful mediation, said that mediation is one of the difficult tasks. When the cases are brought to court, the relationships and disputes are very tense and it is difficult to negotiate with each other. Before mediation, we must carefully study to understand the nature, cause of the case and the thoughts, wishes, circumstances, and personal background of each party to be able to "hit the right, hit the right psychology" of them. Along with that, each HGV must have a firm grasp of legal knowledge, professional expertise and mediation skills to analyze for the parties to clearly see their rights and interests, thereby agreeing to an agreement, not having to go to trial.

During the settlement process, the mediators spent a lot of time patiently mediating so that the parties could understand the relevant legal regulations as well as have time and opportunity to review the case. At the first instance trial, the mediators continued to mediate, analyzing the gains and losses; about the blood relationship in the family... With reasonable and sympathetic arguments, right at the first instance trial, the parties reached a consensus and the court recognized their voluntary division of the assets that the parties were disputing.

Improve public access

Over the past 3 years, the People's Courts at 2 levels have received 10,954 petitions and requests. Of these, 630 cases have been transferred to the Arbitration and Mediation Center; the number of cases that have been successfully mediated or dialogued is 334 (accounting for 53%). The order and procedures for mediation are carried out in accordance with the provisions of law, ensuring democracy, voluntary agreement and the right to self-determination of the parties.

With the 2-level People's Court, innovation and improvement of the effectiveness of mediation and dialogue are fundamental solutions to help resolve the increasingly heavy workload, in the context of the annual increase in both quantity and complexity of disputes and complaints while the staff does not increase. Because the provisions on conciliation and mediation are still quite new, the number of people who know and choose to resolve disputes through conciliation and dialogue is still limited.

Resolving disputes and complaints through the mediation process brings many benefits to the parties, such as proactively arranging the time, location, and appropriate form of mediation. Successful mediation and dialogue will shorten the time to resolve the case, reduce travel costs, and mend relationships with relatives and neighbors. Thereby, contributing to reducing the pressure on the number of cases that the court must resolve through trial; reducing the number of cases that the civil enforcement agency must organize enforcement; saving costs, time, and effort of judicial agencies, litigants, the State, and the whole society.

Chief Justice of the Provincial People's Court Vu Van Minh shared: In response to the increasing demand for dispute resolution, the Provincial People's Court proposed that the Supreme People's Court and People's Councils at all levels allocate financial resources for the activities of the People's Court for Dispute Resolution. At the same time, strengthen the training of skills and professional development for the team of judges; step up inspection of the implementation of the People's Court for Dispute Resolution for the People's Courts at 2 levels, focusing on the quantity, rate and quality of the types of cases implemented according to the Law on Dispute Resolution in order to promptly overcome limitations and shortcomings.

“It is necessary to identify the task of implementing the Law on Family Planning as a key task of the judiciary. Each collective of the People's Court at two levels and each HCV needs to study and promote its responsibility in response to the assigned tasks, strengthen propaganda work, guide people in choosing HCTTTA, improve people's access to the Law on Family Planning, and meet the requirements of judicial reform in the new situation,” Mr. Vu Van Minh emphasized.

Article and photos: THAI BINH