Efforts to resolve civil disputes through mediation

Judge mediating civil cases at the People's Court of Thuong Xuan district.

As a person who is regularly assigned to resolve civil disputes, Judge Cao Thi Nga, Deputy Chief Justice of the People's Court of Hoang Hoa district, clearly understands the role and importance of mediation as well as the responsibility of a judge. Ms. Nga said: Mediation is the most effective, best, most economical, and optimal method of resolving civil disputes. Because, through successful mediation, conflicts, disagreements, or disputes will be ended in the most satisfactory way. If the dispute is resolved by trial, after the verdict, there will be winners and losers, winners and losers, and in many cases, both sides will lose. On the contrary, if the dispute is resolved by mediation, the parties will completely voluntarily agree on the solutions. In other words, when mediation is successful, all parties win, there is no winner or loser.

However, to successfully reconcile in resolving civil cases is not an easy task. Because most of the disputes that the court accepts have often arisen for a long time, the conflicts have lasted for a long time, the parties have actively resolved them many times but have not reached a consensus. In particular, there are many disputes that arise from within the family, clan, village, and have accumulated for a long time, leading to conflicts and fights. To successfully reconcile these cases, according to Judge Cao Thi Nga, the judge often has to spend adequate time to consider, carefully study, and thoroughly understand the files, thoroughly understand the causes and nature of the conflicts and disputes to find a way to reconcile. During the mediation process, the judge must be patient and respectful, listening to both parties present the causes of the conflicts, the things that they do not agree on, the intention to resolve the dispute, the division of assets, etc. From there, the judge propagates and explains the law, points out right and wrong, and encourages them to decide the dispute themselves, and eliminate the conflicts.

Judge Cao Thi Nga shared: There were many mediation sessions that lasted the whole session, even interrupted many times because one party did not want to listen to the other party's opinion, or argued in court. The mediation session was suspended and had to be reorganized the next day. However, with the ability to grasp the psychology of the parties and perseverance in propaganda, explanation, mobilization, and persuasion, the judges at the People's Court of Hoang Hoa district successfully organized mediation for many civil cases and matters.

With this approach, in the first 6 months of 2025, Hoang Hoa District People's Court resolved and tried 33 cases out of 92 cases, of which the court only had to try 6 cases, the rest of the court issued a decision to recognize the agreement between the parties, or the parties voluntarily withdrew the lawsuit due to the judge's propaganda and mediation.

According to Judge Le Thanh Hung, Deputy Chief Justice of the Provincial People's Court: Determining that conciliation is a particularly important institution in resolving cases in general and civil cases and matters in particular, the Party Committee and leaders of the Provincial People's Court have led and directed the two-level courts in the province to focus on organizing and implementing solutions to further improve the effectiveness of conciliation sessions. In particular, thoroughly grasping and unifying the perception that conciliation is a key, breakthrough, and priority step to resolutely implement and improve the quality of adjudication and case resolution. Each court unit assigns targets to each judge and pays attention to supporting and creating the most favorable conditions for judges to successfully complete conciliation tasks.

In addition, the two-level court in the province has required judges to spend time carefully studying each specific case file, identifying the key issues, the nature of the dispute, and the conflict to focus on resolving it. During the mediation process, the judge must create a friendly environment so that the parties can be comfortable, listen, negotiate, and respect each other. At the same time, grasp the psychology of the parties, analyze in depth with reason, emotion, and close to the developments of the incident and persistently seek the most feasible solutions that both parties agree on.

Also in the past time, the two-level courts in the province have effectively implemented the emulation movement "For Justice", encouraging judges and those holding judicial positions to be persistent, creative, responsible, and enthusiastic in performing their assigned tasks. In particular, promoting the attitude, style, empathy, and sharing of judges in conciliation sessions...

With these effective methods, in the first 6 months of 2025, the two-level courts in the province resolved and tried 3,593 civil cases (including disputes and requests on civil, marriage - family, commercial business, and labor). Of which, the district-level courts resolved and tried 3,295 cases. Notably, the two-level courts successfully mediated 2,668 cases, accounting for 74.2% of the cases resolved and tried. Through successful mediation, disputes and conflicts have been thoroughly and quickly resolved, strengthening solidarity within the people, contributing to building a modern, civilized and humane community and society.

Article and photos: Do Duc

Source: https://baothanhhoa.vn/no-luc-giai-quyet-tranh-chap-dan-su-thong-qua-hoa-giai-253013.htm