Form of establishing a commercial agreement in commercial mediation

Establishing a commercial agreement in commercial mediation opens up opportunities for Vietnamese businesses to effectively resolve disputes. This is a breakthrough in building a healthy business environment and promoting sustainable cooperation. This process not only saves time and costs but also protects business reputation. Follow Long Phan’s following article for a detailed analysis of issues related to establishing a commercial agreement in mediation.

Principles of dispute resolution in commercial mediation

Commercial mediation follows the principles specified in Article 4 of Decree 22/2017/ND-CP. These principles include:

• Disputing parties participate in mediation completely voluntarily and are equal in rights and obligations.
• Information related to the conciliation case must be kept confidential unless the parties have a written agreement or are otherwise provided by law.
• The content of the conciliation agreement does not violate legal prohibitions, is not contrary to social ethics, is not intended to shirk obligations, and does not violate the rights of third parties.

Form of establishing a commercial agreement in current commercial mediation

Article 11 of Decree 22/2017/ND-CP specifically stipulates the form of establishing a commercial mediation agreement. This agreement can be established in two main forms:

mediation clause in a contract or separate agreement.

• First, the mediation agreement is established in the form of a mediation clause in the contract or in the form of a separate agreement.
• Second, the settlement agreement is established in writing.

Order and procedures for conducting commercial mediation

Chapter 3 of Decree 22/2017/ND-CP stipulates in detail the order and procedures for conducting commercial mediation. This process includes main steps: conciliation agreement and selection of a conciliator, conducting conciliation and handling conciliation results.

Mediation agreement and selection of mediator

1. Mediation agreement: is established in one of two forms:

• Form of mediation clause in contract
• Or in the form of a separate agreement.

The settlement agreement is established in writing.

1. Selecting and appointing commercial mediators:

• Commercial mediators are selected by agreement between the parties from the list of commercial mediators of the commercial mediation organization or from the list of commercial mediators issued by the Department of Justice of the province or centrally run city. announced.
• The appointment of a commercial mediator through a commercial mediation organization is carried out in accordance with the Mediation Rules of the commercial mediation organization.

Conduct mediation

After a mediation agreement has been reached and a mediator has been selected, the parties will proceed with the mediation process. Pursuant to the provisions of Article 14 of Decree 22/2017/ND-CP, the conciliation steps are carried out as follows:

1. Select mediation rules:

• The parties have the right to choose the Mediation Rules of the commercial mediation organization to conduct mediation or agree on the mediation order and procedures themselves.
• In case the parties do not have an agreement on the order and procedures for mediation, the commercial mediator will conduct mediation according to the order and procedures that the commercial mediator finds appropriate with the circumstances of the case and the wishes of the party. parties and approved by the parties.

1. Number of mediators:

The dispute may be conducted by one or more commercial mediators as agreed by the parties.

1. The conciliator’s right to make proposals:

At any point during the mediation process, the commercial mediator has the right to make proposals to resolve the dispute.

1. Location and time of mediation:

The location and time of mediation shall be as agreed by the parties or as chosen by the commercial mediator in case the parties do not have an agreement.

Mediation results and result handling

Case 1. Mediation results in:

• When successful conciliation results are achieved, the parties prepare a document on the successful conciliation results.
• The document on the results of successful conciliation is enforceable against the parties according to the provisions of civil law.

Case 2. Mediation fails:

In case successful conciliation results are not achieved, the parties have the right to continue conciliation or request an Arbitrator or Court to resolve the dispute according to the provisions of law.

Note: Commercial mediation terminates in the following cases:

• The parties reached an agreement to resolve the dispute.
• The commercial mediator decided to terminate the mediation because he deemed it impossible to reach an agreement.
• One or more parties request termination of mediation.

Consulting services and support for commercial agreements in commercial mediation

Consulting and support services play an important role in the process of establishing and implementing commercial settlement agreements. With his experience, Long Phan can advise and support you comprehensively on commercial mediation. Services at Long Phan include:

• Consulting on conditions for resolving disputes by commercial mediation
• Consulting and creating effective mediation plans
• Assist in reviewing and revising existing settlement agreements
• Instructions for establishing a conciliation agreement according to regulations
• Analyze the feasibility and benefits of applying commercial mediation
• Consulting on the rights and obligations of the parties during the mediation process
• Advise on solutions when conciliation fails

Commercial mediation is becoming the preferred dispute resolution method for Vietnamese businesses. You need to master the principles, forms and processes of mediation to protect your rights. Long Phan provides comprehensive consulting services, from agreement drafting to representation during the mediation process. Please contact us immediately via hotline 0906735386 for professional support, effective dispute resolution and sustainable business development.