Encourage people to choose mediation dialogue in court

National Assembly Delegate of Ha Tinh, Chief Justice of Ha Tinh Provincial People's Court Phan Thi Nguyet Thu assessed the effectiveness of dialogue mediation work at court, proposed propaganda, dissemination and education of laws on dialogue mediation...

On the morning of November 21, the National Assembly discussed in the hall the work reports of the Chief Justice of the Supreme People's Court, the Chief Prosecutor of the Supreme People's Procuracy , crime prevention and control, law enforcement, and corruption prevention and control in 2023.

Vice Chairman of the National Assembly Nguyen Khac Dinh chaired the meeting.

Discussing at the meeting hall, delegate Phan Thi Nguyet Thu affirmed that in recent times, along with proactively fighting to detect, prosecute, investigate, prosecute, try and handle all types of crimes that violate the law, many targets in the judicial field have met and exceeded the targets assigned by the National Assembly.

The prosecution agencies have accepted and resolved many civil and administrative dispute cases, in 2023 resolving 468,828 civil cases and 12,162 administrative complaints, an increase of 24,832 cases compared to the same period in 2022. Courts and Procuracies at all levels have implemented many solutions, guiding the parties to provide evidence, including actively conducting successful dialogue mediation in 80,440 cases.

Encourage people to choose mediation dialogue in court

National Assembly Delegate Phan Thi Nguyet Thu speaks.

Since the 14th National Assembly passed the Law on Organization of Mediation and Dialogue at Court, effective from January 1, 2021, it has created a legal mechanism for people to choose the method of mediation and dialogue to resolve disputes and complaints at Court in a flexible and appropriate manner, saving time, costs and efforts for the State, organizations and individuals.

In particular, when the dialogue and conciliation are successful, the relationship between the two parties is increasingly improved, more united in the community, significantly reducing the number of cases that need to be resolved by the adjudication agency and the enforcement agency. According to the report of the Chief Justice of the Supreme Court, there were 119,058 cases/129,856 petitions with parties agreeing to conciliation, reaching a rate of 91.68%.

However, delegate Phan Thi Nguyet Thu said that through a survey at a number of local courts, there is still a situation where people, when submitting applications to the court, refuse to engage in dialogue mediation, even though court officials persistently guide and explain the benefits that people can enjoy from the superior policy of the dialogue mediation option.

From there, the delegates suggested continuing to strengthen the dissemination of legal education in general, and the Law on Mediation and Dialogue at Court in particular, with its superior benefits, to encourage people to proactively choose the mediation and dialogue option at court when resolving disputes. At the same time, promote the responsibility of organizations and individuals when providing legal advice in guiding and explaining so that people increasingly choose this method of dispute resolution.

Encourage people to choose mediation dialogue in court

Overview of the meeting.

On the other hand, delegates suggested that it is necessary to invest in adequate facilities, equipment and dialogue rooms in accordance with regulations, especially equipment for online mediation dialogue. Through reports and surveys in a number of localities, it is shown that the current state of the headquarters of the district-level courts and procuracies in many places is degraded but has not been rebuilt or repaired.

According to the court report, there are currently 278 district-level court headquarters that are degraded, lacking trial buildings and mediation rooms, and need new construction investment but have not been allocated funding. Therefore, the delegates requested the National Assembly, the Government, ministries and branches to pay attention and allocate funding to meet the requirements for performing assigned tasks.

In addition, delegate Phan Thi Nguyet Thu also said that there should be mechanisms and policies for the team of mediators. Currently, there are more than 3,000 mediators who are judges, retired secretaries, lawyers, and legal assistants participating in mediation. This is a team with a lot of experience in the work and has a high reputation in the community. According to the provisions of Decree 16/2021/ND-CP on mediation fees in court and mediator remuneration, some unsuccessful dialogue mediation cases will be paid 500,000 VND/case, successful mediation will be paid a maximum of 1,500,000 VND/case. However, there are currently many civil and administrative cases that must be mediated, investigated persistently, and met and discussed with the parties many times. Therefore, there needs to be attention, encouragement, and recognition from relevant agencies and organizations.

Quang Duc - Thuy An

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