Mediation, dialogue in Court, theoretical and practical issues

Abstract

Society is increasingly diversified and complex, with many conflicts and disputes arising. In order to effectively resolve disputes, the crucial task is to reform the judiciary. Stemming from that inevitably need, the National Assembly of Vietnam has promulgated the Law on Reconciliation and Dialogue at Courts in 2020 (effected from 1^st January 2021) providing for mediation and dialogue at Courts before bringing civil cases to trial. Within the scope of the article, the authors focus on researching new provisions in the Law on Mediation and Dialogue at Court; analysis of the context; the role of mediation and dialogue; in comparison with the laws of other countries; analyzing and evaluating the existing issues related to conciliation and dialogue at the Court. Thereby, the authors propose solutions to improve the law and the efficiency of conciliation.