Applying the doctrine of free will to complete the regulations on mediation of civil disputes according to the Law on Mediation or Dialogue at the Court

Abstract

The 2020 Law on Mediation and Dialogue at the Court creates a legal corridor for a new mediation and dialogue mechanism, applied to the cases under the jurisdiction of the Court in which individuals, agencies and organizations have filed a lawsuit or petition for the Court to resolve. The article analyses the doctrine of free will and its expression in the regulations on mediation of civil disputes under the Law on Mediation and Dialogue at the Court. Based on assessing the current situation of the Law on Mediation and Dialogue at the Court's provisions, the article concludes that there is the lack of regulations on (i) the right to choose mediation of persons with related interests and obligations in civil disputes; (ii) postponing mediation session; and (iii) cases where the parties change their will after successful mediation and request Court’s recognition of successful mediation results, thereby making proposals to improve the relevant law.