Currently, business and commercial activities are tending to increase in terms of the number of disputes, increasingly complex nature. Therefore, besides the traditional method of dispute resolution by the Court, one of the preferred methods that the disputing parties are interested in choosing is to use commercial mediation. This method is widely used by many developed countries around the world and is considered an effective commercial dispute resolution method with many advantages, specifically as follows:
- The benefits of commercial mediation in resolving commercial disputes are first of all maintaining a cooperative relationship between the parties, saving time and costs of dispute resolution.
- The settlement of disputes by commercial mediation has simple and flexible procedures and the disputing parties have the right to decide on their own dispute resolution such as: selection of commercial mediators, order and procedures, time and place of mediation. . .
- This method of dispute resolution can keep the business secret and the dispute through the parties having the right to agree or refuse to conciliate; reserves the right to request that the mediation be conducted publicly or not publicly.
- In addition, the parties can also express their will and decide on the content of the mediation; reserves the right to make its own decisions, to choose any mediator as well as the location of the mediation so that a mediator with expertise in the matter in dispute can be found.
- To ensure that the results of conciliation are implemented in practice, it is necessary to have a mechanism to ensure the enforcement of the results of successful conciliation by state coercion. Accordingly, Articles 15 and 16 of Decree No. 22/2017/ND-CP stipulating the documents on successful conciliation results are effective for the parties in accordance with the civil law and documents on the results of the conciliation. Successful conciliation results will be considered and recognized in accordance with the civil procedure law. Out-of-court conciliation results recognized by the court that issue a decision will be enforced by the civil judgment enforcement agency in accordance with the law on civil judgment enforcement (Clause 8, Article 419 of the 2015 Civil Procedure Code).
Currently
, business and
commercial
activities are tending to increase in terms of the number of
disputes
,
increasingly
complex nature.
Therefore
,
besides
the traditional
method
of
dispute
resolution
by the Court, one of the preferred
methods
that the disputing
parties
are interested
in choosing is to
use
commercial
mediation
. This
method
is
widely
used
by
many
developed countries
around the world and
is considered
an effective
commercial
dispute
resolution
method
with
many
advantages,
specifically
as follows:
-
The benefits of
commercial
mediation
in resolving
commercial
disputes
are
first of all
maintaining a cooperative relationship between the
parties
, saving time and costs of
dispute
resolution.
-
The settlement of
disputes
by
commercial
mediation
has simple and flexible
procedures
and the disputing
parties
have the
right
to decide on their
own
dispute
resolution
such as: selection of
commercial
mediators, order and
procedures
, time and place of
mediation
.
.
.
-
This
method
of
dispute
resolution
can
keep
the business secret and the
dispute
through the
parties
having the
right
to
agree
or refuse to conciliate; reserves the
right
to request that the
mediation
be conducted
publicly
or not
publicly
.
-
In addition
, the
parties
can
also
express their will and decide on the content of the
mediation
; reserves the
right
to
make
its
own
decisions, to choose any mediator
as well
as the location of the
mediation
so
that a mediator with expertise in the matter in
dispute
can
be found
.
-
To ensure that the
results
of
conciliation
are implemented
in practice, it is necessary to have a mechanism to ensure the enforcement of the
results
of successful
conciliation
by state coercion.
Accordingly
, Articles 15 and 16 of Decree No. 22/2017/ND-CP stipulating the documents on successful
conciliation
results
are effective for the
parties
in accordance with the
civil
law and documents on the
results
of the
conciliation
. Successful
conciliation
results
will
be considered
and recognized in accordance with the
civil
procedure
law. Out-of-court
conciliation
results
recognized by the court that issue a decision will
be enforced
by the
civil
judgment enforcement agency in accordance with the law on
civil
judgment enforcement (Clause 8, Article 419 of the 2015
Civil
Procedure
Code).