The commercial mediation process is an effective dispute resolution method, helping the parties reach an agreement in a voluntary spirit. This process includes different steps and follows a certain sequence. Understanding this process helps businesses and individuals apply it effectively to resolve commercial disputes. The following article will analyze in detail each step in the commercial mediation process.

Benefits of resolving disputes by commercial mediation

Commercial mediation brings many benefits to disputing parties. This method saves time and costs compared to court proceedings. The parties have the right to decide for themselves on the mediation process and results.

The commercial mediation process is flexible, confidential and helps maintain business relationships. The results of successful conciliation have legal effect and can be enforced as a valid court judgment.

The mediator plays the role of an objective intermediary, assisting the parties to reach an agreement on the basis of harmony of interests. Customers can choose a mediator appropriate to the nature of the dispute.

Regulations on selection of commercial mediation

Decree 22/2017/ND-CP specifically regulates the selection of commercial mediation to resolve disputes. This is an important legal basis for parties when considering applying this method.

A mediation agreement is a prerequisite for conducting commercial mediation. According to regulations, this agreement must be made in writing, demonstrating the clear will of the parties to resolve the dispute through mediation. The agreement can be established in two forms:

• Mediation clause in the contract: Parties can include a mediation clause in the original contract, clearly stating the scope of the dispute to be resolved by mediation.
• Private mediation agreement: When a dispute has arisen, the parties can sign a separate agreement on the application of mediation.

The content of the mediation agreement should include the following main points:

• The scope of the dispute is brought to conciliation
• How to select a mediator or mediation organization
• Language used in the mediation process
• Place of conciliation
• Mediation period (if any)
• Allocation of mediation costs

The Decree also stipulates two forms of commercial mediation that parties can choose from:

• Commercial case mediation: The parties agree on the order and procedures for mediation and select a mediator from the list of case mediators published by the Department of Justice.
• Mediation through a commercial mediation organization: The parties use the mediation services of a commercial mediation organization, subject to that organization’s mediation rules.

Procedure for conducting commercial mediation

The process of conducting commercial mediation includes the following main steps:

Step 1: Establish a mediation agreement The disputing parties need to agree on resolving the dispute by commercial mediation. This agreement must be made in writing.

Step 2: Select a mediator The mediator is selected by agreement between the parties from the list of mediators of the mediation organization or the Department of Justice. The selection must ensure the objectivity and neutrality of the mediator.

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.

Step 3: Prepare for mediation The mediator studies the case file and collects information from the parties. The parties provide documents and evidence related to the dispute.

Step 4: Conduct a mediation session

The mediator organizes the mediation session, creating conditions for the parties to present their views. The mediator analyzes the problem and proposes a solution for the parties to discuss. At any point during the mediation process, the commercial mediator has the right to make proposals to resolve the dispute.

Step 5: Mediation results

If an agreement is reached, the parties sign a conciliation document. In case of failure, the parties can continue mediation or choose another resolution method.

Reference content: Article 14, Decree 22/2017/ND-CP.

Regulations on conciliation results and recognition of commercial conciliation

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. The main content of the text includes:

• Grounds for conducting conciliation;
• Basic information about the parties;
• Main content of the case;
• Agreement reached and solutions implemented;
• Other contents as agreed by the parties in accordance with the provisions of law.

Document of successful conciliation results signed by the parties and the commercial conciliator

Documents on successful conciliation results are considered and recognized according to the provisions of civil procedure law

Reference content: Articles 15, 16, Decree 22/2017/ND-CP.

Consulting services on the process of conducting commercial mediation at Long Phan

With experience in the field of commercial consulting, Long Phan provides comprehensive consulting services on the process of conducting commercial mediation.

The services we provide include:

• Consulting on choosing mediation methods: Analyze the advantages and disadvantages of commercial case mediation and organizational mediation, evaluate the suitability of mediation with specific dispute characteristics.
• Support in drafting conciliation agreements: Develop conciliation clauses in contracts, draft separate conciliation agreements when disputes arise, review and edit conciliation agreements to ensure legality.
• Consulting on selecting a mediator: Providing information on a list of mediators with appropriate expertise, analyzing the capacity and experience of potential mediators
• Representation during the conciliation process: Prepare necessary documents and records for conciliation sessions, participate in conciliation sessions, protect customers’ rights
• Support procedures for recognition of conciliation results: Draft documents on successful conciliation results, advise on procedures for recognition of conciliation results at Court

Long Phan also organizes seminars and training sessions on mediation skills for businesses, helping to improve understanding and the ability to apply this method in business practice.

With experience in successfully supporting many complex commercial mediation cases, Long Phan is confident in bringing effective solutions, saving time and costs for customers.

Customers who need detailed advice on the commercial mediation process, please contact Long Phan via Hotline: 0906735386. We are ready to support you 24/7 with professional, dedicated consulting services.