Perfecting the Law on Mediation at the Grassroots Level to Meet the Requirements of the New Situation

Deputy Director of the Department of Legal Education and Training Ngo Quynh Hoa speaks at the seminar. Photo: VGP/Kim Lien

The number of successful mediation cases nationwide reached 82%-85%.

In his opening speech, Deputy Director of the Department of Legal Dissemination,Education and Legal Aid (DLE&TGPL) Ngo Quynh Hoa said that grassroots mediation plays a particularly important role, especially in the current context. History has affirmed the position, role and importance of grassroots mediation in reconciling small disputes and conflicts in the community, contributing to maintaining peace in each house and each neighborhood. At the same time, it reduces the problems of complaints to higher levels as well as ensuring safety, security and order in society.

Currently, when implementing 4 resolutions, especially Resolution No. 66-NQ/TW, the role and importance of mediation institutions outside the community has been emphasized. Resolution No. 66-NQ/TW also raises the issue of building a culture of law compliance and rule of law. So, to build a culture of law compliance and rule of law, we need to promote one of the extremely important institutions that we have been implementing right at the grassroots level, which is mediation work at the grassroots level.

After more than 10 years of implementation, the Law on Mediation at the grassroots level has achieved many remarkable results. There may still be different views on the dissemination and education of the law, but on the mediation work at the grassroots level, there are extremely positive views.

"The volume of successful mediation cases every year is very large, of which, the number of successful mediation cases nationwide reaches 82%-85%. The number of mediators with prestige, enthusiasm, and dedication is also one of the key, important, and decisive factors to successfully carry out mediation cases," Ms. Ngo Quynh Hoa emphasized.

However, besides the achieved results, the implementation of the Law on Mediation at the Grassroots Level in 2013 still has many shortcomings, difficulties and obstacles from the institution, the Law on Mediation at the Grassroots Level as well as the implementation process.

Mr. Nguyen Duy Lam, former Director of the Department of Legal Education and Training, shared at the seminar. Photo: VGP/Kim Lien

Orientation to amend and supplement the Law on Mediation at grassroots level

With the goal of improving the quality and effectiveness of grassroots mediation work, the Department of Legal Education and Training has studied a number of contents expected to be amended and supplemented to the Law on Grassroots Mediation in 2013 to meet the requirements of the new situation.

Specifically, it is necessary to study and perfect regulations on the scope of mediation at the grassroots level in the direction of maximizing expansion, clearly defining the scope of mediation at the grassroots level to encourage and promote the role of this work in social life; continue to study to supplement regulations on State policies on mediation at the grassroots level, especially specific policies to attract organizations, businesses, and individuals to participate in contributing and supporting mediation work at the grassroots level...

Regarding the standards and procedures for electing and recognizing mediators, according to the Department of Legal Aid and Legal Aid, in the current context, it is necessary to study and amend and supplement regulations on standards for mediators in order to build, develop and attract a team of mediators with capacity and qualifications to meet the requirements of implementing mediation work at the grassroots level.

In order to add people with legal knowledge to become grassroots mediators, when amending the Law on Grassroots Mediation, it is necessary to study and add people who are legal reporters, legal assistants, legal propagandists, grassroots propagandists, commune-level police, members of the Security and Order Protection Team at the grassroots level; people who have worked in the legal field... to participate as mediators. At the same time, consider the condition of having a training certificate from a competent authority when recognizing mediators.

Regarding the responsibilities of agencies and organizations in grassroots mediation activities, supplementing the rights of the parties in mediation to propose forms of mediation (for example, online mediation...); stipulating that one of the parties participating in mediation has the right to request the Court to issue a decision recognizing the successful mediation results; stipulating the responsibilities of the People's Court in grassroots mediation activities.

To ensure consistency with the context of merging some provincial-level administrative units, without organizing at the district level: add the responsibility of the People's Committee at the commune level to "organize training, professional guidance and mediation skills at the grassroots level for mediators"; amend the responsibility of the People's Committee at the commune level in reporting to the People's Council at the same level and the People's Committee at the provincial level on the results of implementing the law on mediation at the grassroots level.

Representatives of local Departments of Justice shared at the seminar. Photo: VGP/Kim Lien

Improve the quality of mediators at the grassroots level

To continue to improve the effectiveness of law enforcement on grassroots mediation in the coming time, Mr. Le Huy Tung, Deputy Head of Professional Division 1, Department of Justice of Tuyen Quang province proposed to continue to strengthen the leadership and direction of Party committees and authorities at all levels for grassroots mediation work; ensure effective implementation of state management on grassroots mediation in accordance with the provisions of the Law on Grassroots Mediation and guiding documents for implementation.

Strengthen close coordination between the government and the Vietnam Fatherland Front Committees at all levels and member organizations of the Front in state management of grassroots mediation work. Ensure funding for grassroots mediation activities in accordance with current laws.

In addition, it is necessary to regularly provide professional guidance, consolidate, improve and enhance the quality of activities of the grassroots mediator team. Continue to strengthen the implementation of democracy in communes, wards and towns...

Speaking at the seminar, Mr. Nguyen Duy Lam (former Director of the Department of Legal Dissemination and Legal Aid) highly appreciated the orientation of some contents that need to be studied to perfect the Law on Mediation at the Grassroots level of the Department of Legal Dissemination and Legal Aid. According to Mr. Lam, the requirements of the new period, the era of rising up, pose many issues, requiring amendments and supplements to the Law. Accordingly, it is necessary to study and learn from international experiences; it is necessary to expand the scope of regulation but need to calculate specifically...

Kim Lien

Source: https://baochinhphu.vn/hoan-thien-luat-hoa-giai-o-co-so-dap-ung-yeu-cau-cua-tinh-hinh-moi-102250519174339667.htm