Recognition of conciliation resultsis an important legal procedure to determine the validity of agreements reached during the mediation process. This procedure helps ensure that the parties comply with their commitments while minimizing the risk of future disputes. This process is not only quick but also cost-effective, helping disputing parties resolve conflicts more peacefully, stably, and effectively.
Procedures for recognition of conciliation results
Conditions for recognition of successful conciliation results
In order for successful conciliation results to be recognized, the parties need to comply with a number of mandatory conditions, specified in the Code of Civil Procedure 2015 and the Law on Mediation or Dialogue at Court 2020.
Mediation completed outside of Court
According to Article 417 of the Code of Civil Procedure 2015, the conditions for the Court to recognize successful out-of-court mediation results include:
Parties have full civil capacity: Parties must have full legal capacity to decide their own issues, and this needs to be ensured throughout the mediation process.
The parties have related rights and obligations: The content of the parties’ agreement must relate to the legal rights and obligations between them, and in case this content relates to the rights and obligations of a third person, then that person’s consent is required.
The mediation agreement is voluntary: The participating parties must be completely voluntary, not forced, and the agreement must not violate the law or be contrary to social ethics. In addition, the agreement is not intended to avoid obligations to the State or third parties.
One or both parties apply for recognition: At least one of the two parties must apply to the Court to recognize the successful conciliation results.
Mediation successful in Court
According to Article 33 of the Law on Mediation or Dialogue at Court 2020, to have successful mediation results recognized in Court, the conditions include:
The parties have full civil act capacity: Both parties must have civil act capacity and have rights and obligations related to the content of the agreement.
The agreement must not violate the law or be contrary to social ethics: The content of the agreement must not violate legal prohibitions, and must not be intended to avoid obligations to state agencies or third parties.
Voluntariness of the parties: The mediation process must take place on a voluntary basis, without coercion from any party.
In case of divorce: If the parties mediate on the divorce issue, the agreement must include all contents related to property division, child custody, and ensure the legitimate rights of both parties according to regulations of the Law on Marriage and Family.
In case the content of the conciliation agreement or dialogue agreement of the parties is related to the rights and obligations of another person but that person is not present at the conciliation or dialogue session, the agreement or consensus will only be recognized when they have their written consent.
In case the parties reach an agreement or agreement on part of the civil dispute and part of the administrative complaint, it will only be recognized if the content of the agreement or agreement is not related to other parts of that dispute or complaint.
Conditions for recognition of successful conciliation results
Procedures for recognizing successful conciliation results
Procedures for recognizing successful mediation results outside of court
Procedures for recognizing successful out-of-court mediation results take place through the following steps:
Step 1: Submit a request for recognition:
Either or both parties participating in the mediation may apply to the competent Court to recognize the successful mediation results.
The request must be accompanied by a record of successful conciliation, relevant documents, and evidence.
Step 2: Consider the request:
The court will receive and process the request according to the provisions of Articles 363, 364 and 365 of the Code of Civil Procedure 2015.
The time limit for preparing to consider a request is 15 days from the date the Court accepts it. During this time, the Judge has the right to request relevant parties to clarify the content of the agreement or supplement documents if necessary. The judge may also request individuals and mediation organizations to provide relevant documents.
Step 3: Open a meeting to consider the request:
After evaluating the dossier, the Court will decide to open a meeting to consider the petition within 10 days from the date of the decision.
Related parties, including the mediator and parties with related rights and obligations, will participate in this meeting to give opinions.
Step 4: Make a decision to recognize or not recognize:
After the meeting ends, the Judge will make a decision to recognize or not recognize the successful mediation result. This decision takes effect immediately and is not subject to appeal or appeal according to appellate procedures.
If decided to recognize, the conciliation result will be as valid as a judgment or decision of the Court. On the contrary, if not recognized, the decision will clearly state the reason, but this non-recognition does not affect the legal value of the out-of-court agreement unless there is a violation of the law.
Procedures for making decisions recognizing successful conciliation results at Court
This procedure includes the following steps:
Step 1: Prepare a conciliation record into:
After the parties have agreed to an agreement through the mediation process at Court, the mediator will prepare a record of successful mediation.
These minutes will record the entire content of the agreement, signed by the parties and the mediator.
Step 2: Transfer the conciliation minutes to the Court:
After the conciliation minutes are prepared, the conciliator will transfer the minutes and related documents to the Judge of the competent Court to make a decision on recognition.
Step 3: Review and make a decision to recognize or not recognize:
The court has 15 days to prepare and make a decision. During this time, the Judge has the right to request the parties to supplement documents or provide opinions on the mediation results. After that, the Judge will make a decision to recognize or not recognize the mediation results.
This decision will be sent to relevant parties and the Procuracy at the same level within 3 working days from the date of the decision.
The decision to recognize successful conciliation results at the Court is as valid as a judgment or decision of the Court and takes effect immediately, without being appealed or protested.
Procedures for recognizing successful conciliation results
Consulting services and guidance on requests for recognition of successful conciliation results
To support the smooth process of recognizing your successful conciliation results, we provide comprehensive consulting services including:
Prepare documents and submit requests;
Support customers in collecting documents;
Representing you to work before the Court;
Resolve legal problems that arise during the process of requesting recognition of successful conciliation results.
Recognition of successful conciliation results, whether in Court or out of Court, requires strict compliance with legal regulations. If you need assistance with these procedures, please contact Long Phan via the hotline 0906735386for detailed and dedicated advice.
Facebook
Linkedin
Twitter
Pinterest
Chuyên gia Nguyễn Khắc Xuân
Nguyen Khac Xuan is a seasoned expert in the fields of insurance consulting, appraisal, and commercial dispute resolution. With extensive knowledge and high professional skills, he has made significant contributions to the development of leading companies in the industry.