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 mediation 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
inVietnam through training,
conferences and technical assistance.
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