Implementation of conciliation proceedings in Vietnam

The adoption in Vietnam in 2020 of the "Law on mediation and negotiations in court" was a significant event, indicating the preservation and development of the legal and cultural traditions of the country, as well as the reasonable use of the experience of other states in the field of reco...

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Main Authors: Zlata V. Makarchuk, Thi Kieu Oanh Vu
Format: Article
Language:English
Published: Peoples’ Friendship University of Russia (RUDN University) 2022-05-01
Series:RUDN Journal of Law
Subjects:
Online Access:https://journals.rudn.ru/law/article/viewFile/31094/20714
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author Zlata V. Makarchuk
Thi Kieu Oanh Vu
author_facet Zlata V. Makarchuk
Thi Kieu Oanh Vu
author_sort Zlata V. Makarchuk
collection DOAJ
description The adoption in Vietnam in 2020 of the "Law on mediation and negotiations in court" was a significant event, indicating the preservation and development of the legal and cultural traditions of the country, as well as the reasonable use of the experience of other states in the field of reconciliation of disputing parties. The named Law has a wide range of application. The purpose of the study is that the author gives an overview of the conciliation procedure in the Vietnamese courts, and carefully analyses individual issues, especially the problems arising from the lack of a unified approach to the procedure for recognizing the results of the conciliation procedure by court. The methodological basis of the study is the methods of consistency, analysis, and synthesis. The authors conclude that the introduction of mediation in court has brought many positive results: disputes and lawsuits have been successfully resolved and negotiated. The article provides a general overview of the mediation procedure in the Vietnamese court, and carefully analyses individual problems arising from the lack of a unified approach to the procedure for recognizing the results of the conciliation process by court.
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spelling doaj.art-af0e229aa3684df4bf4c06ea36fec4842022-12-22T03:30:28ZengPeoples’ Friendship University of Russia (RUDN University)RUDN Journal of Law2313-23372408-90012022-05-0126244846310.22363/2313-2337-2022-26-2-448-46321097Implementation of conciliation proceedings in VietnamZlata V. Makarchuk0https://orcid.org/0000-0001-7859-1355Thi Kieu Oanh Vu1https://orcid.org/0000-0001-8925-3415Peoples’ Friendship University of RussiaPeoples’ Friendship University of RussiaThe adoption in Vietnam in 2020 of the "Law on mediation and negotiations in court" was a significant event, indicating the preservation and development of the legal and cultural traditions of the country, as well as the reasonable use of the experience of other states in the field of reconciliation of disputing parties. The named Law has a wide range of application. The purpose of the study is that the author gives an overview of the conciliation procedure in the Vietnamese courts, and carefully analyses individual issues, especially the problems arising from the lack of a unified approach to the procedure for recognizing the results of the conciliation procedure by court. The methodological basis of the study is the methods of consistency, analysis, and synthesis. The authors conclude that the introduction of mediation in court has brought many positive results: disputes and lawsuits have been successfully resolved and negotiated. The article provides a general overview of the mediation procedure in the Vietnamese court, and carefully analyses individual problems arising from the lack of a unified approach to the procedure for recognizing the results of the conciliation process by court.https://journals.rudn.ru/law/article/viewFile/31094/20714mediationnegotiationslegal disputecourtconciliation procedureresults of mediationvietnam
spellingShingle Zlata V. Makarchuk
Thi Kieu Oanh Vu
Implementation of conciliation proceedings in Vietnam
RUDN Journal of Law
mediation
negotiations
legal dispute
court
conciliation procedure
results of mediation
vietnam
title Implementation of conciliation proceedings in Vietnam
title_full Implementation of conciliation proceedings in Vietnam
title_fullStr Implementation of conciliation proceedings in Vietnam
title_full_unstemmed Implementation of conciliation proceedings in Vietnam
title_short Implementation of conciliation proceedings in Vietnam
title_sort implementation of conciliation proceedings in vietnam
topic mediation
negotiations
legal dispute
court
conciliation procedure
results of mediation
vietnam
url https://journals.rudn.ru/law/article/viewFile/31094/20714
work_keys_str_mv AT zlatavmakarchuk implementationofconciliationproceedingsinvietnam
AT thikieuoanhvu implementationofconciliationproceedingsinvietnam