With the development of the country, business activities are more and more flourishing. Along with that, business and commercial disputes also increased rapidly. To reduce pressure on agencies such as Courts and Commercial Arbitration as well as promote the spirit of cooperation and goodwill between the parties, the Vietnamese government always dignifies mediation activities. However, currently, there are many regulations of the law on mediation, which makes it difficult for enterprises, businesses to apply. By this article, TNTP will help enterprises and businesses in comparing mediation at the Court before the case is accepted and mediation in the process of settling the case. For local mediation, because the scope of mediation does not include business and commercial disputes, TNTP will not mention it.
First of all, about the similarities, both mediation at the Court before the case is accepted and mediation in the process of settling the case have the following specifications:
- Participation of the parties in the dispute and a third party.
- The third party is the party that organizes and conducts the mediation.
- The third party is responsible for explaining and offering appropriate options for the parties to consider, helping the parties exchange opinions and summarizing the results of the mediation.
The differences in regulations of the law on mediation at the Court before accepting the case and mediation in the process of settling the case can be shown in the following table:
Above are legal sharings of TNTP related to the comparison of regulations of the law on mediation. We hope that this article is useful for you.
You may need Dispute settlement: Psychological battle or Legal battle
Join Fanpage Dispute Settlement and Debt Collection to have more useful legal knowledge.
TNTP & Associates International Law Firm
Lawyer Nguyen Thanh Ha