Mediation in Vietnam

I. What is Commercial Mediation?

Commercial mediation is a method of dispute resolution where parties voluntarily reach agreements with the support of a neutral third party, the mediator. The mediator acts as an intermediary, facilitating negotiation and helping parties reach a common agreement.

II. Differences Compared to Other Methods:

• Compared to Negotiation: Mediation involves a third party, while negotiation only involves the disputing parties.
• Compared to Arbitration/Court: Mediators do not have the power to issue binding judgments but only assist parties in finding solutions.

III. Advantages of Commercial Mediation:

• Fast and Flexible: Mediation procedures are usually simple, saving time and costs compared to other dispute resolution methods.
• Freedom of Choice: Parties can choose a mediator with expertise suitable for the dispute and the mediation location.
• Relationship Maintenance: Mediation aims to find win-win solutions, helping maintain and develop cooperative relationships between parties.
• Confidentiality: Information about the dispute and the mediation process is kept confidential, protecting the parties' business interests.

IV. Legal Framework for Commercial Mediation in Vietnam:

• Civil Procedure Code 2015: Regulates the procedures for recognizing out-of-court mediation settlements.
• Decree 22/2017/ND-CP: Details commercial mediation regulations.
• Law on Civil Judgment Enforcement No. 26/2008/QH12, amended and supplemented by Law No. 64/2014/QH13.
• UNCITRAL Model Law on International Commercial Conciliation (2002): An important reference contributing to the harmonization of mediation laws globally.

V. Commercial Mediator Services for Specific Cases at DB Legal:

At DB Legal, we pride ourselves on providing professional and effective commercial mediation services for specific cases, helping clients resolve disputes optimally:

• Deep Expertise and Extensive Experience: DB Legal boasts a team of experienced lawyers and mediators with deep expertise in commercial dispute resolution. With rich practical experience, we have successfully resolved numerous diverse commercial disputes, from simple to complex cases. Our commercial mediators for specific cases are certified by the Da Nang Department of Justice, ensuring full compliance with current legal regulations.
• Absolute Objectivity and Neutrality: We commit to maintaining neutrality and objectivity throughout the mediation process. DB Legal creates a fair mediation environment where all parties are heard and respected, aiming for the best outcomes.
• Effective Negotiation and Conflict Resolution Skills: Our mediators are equipped with professional negotiation and conflict resolution skills. We focus on finding win-win solutions, promoting peace and cooperation among the parties involved.
• Deep Understanding of Commercial Law: With solid knowledge of Vietnamese law, especially in commercial mediation, we provide valuable legal advice to maximize the mediation process.
• Reputation and Reliability: DB Legal is a reputable law firm, trusted and highly regarded by clients. We commit to providing professional, effective, and reliable mediation services.

 

If you are facing a commercial dispute and are looking for an effective mediation solution, please contact DB Legal today for the best advice and support.

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