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This article discusses matters related to the possibility of continuing mediation when the parties have not reached an agreement, the circumstances leading to the conclusion of mediation at the grassroots level, the scope of disputes eligible for mediation at the grassroots level, and the exceptions where mediation shall not be conducted. The explanations and interpretations are provided by Tuyet Nhung Bui Law Firm for reference purposes.
1. Possibility of Continuing Mediation When the Parties Have Not Reached an Agreement
Mediation at the grassroots level is specifically defined under Clause 1, Article 2 of the Law on Grassroots Mediation 2013 as follows:
Interpretation of Terms
In this Law, the following terms are construed as follows:
Mediation at the grassroots level means the act whereby a mediator provides guidance and assistance for the parties to reach a voluntary agreement to settle with each other their conflicts, disputes, or violations of law in accordance with this Law.
Grassroots level refers to villages, hamlets, quarters, residential clusters, or other communities (hereinafter collectively referred to as “villages” or “residential groups”).
The parties refer to individuals, groups of individuals, families, groups of families, or organizations involved in conflicts, disputes, or violations of law as prescribed by this Law.
Mediator refers to a person recognized under this Law to perform mediation activities at the grassroots level.
Mediation team refers to a self-managed organization of residents established at the grassroots level to carry out mediation in accordance with this Law.
Pursuant to Article 10 of Decree No. 15/2014/NĐ-CP, which regulates the handling of unsuccessful mediation cases:
In cases where the parties fail to reach an agreement and both parties request to continue mediation, the mediator shall continue the mediation process.
In cases where the parties fail to reach an agreement and only one party requests to continue mediation, but there are grounds to believe that continued mediation cannot produce results, the mediator shall decide to terminate mediation in accordance with Clause 3, Article 23 of the Law on Grassroots Mediation, and shall guide the parties to submit the matter to a competent state authority for settlement in accordance with the law.
Where the parties request that a record of unsuccessful mediation be made, the mediator shall prepare such a record, clearly stating the basic information of the parties, the principal content of the matter, the parties’ requests, the reasons for unsuccessful mediation, and the mediator’s signature.
Accordingly, when the parties have not reached an agreement, mediation may still continue if both parties jointly request it.
However, if only one party requests continuation, and there are grounds to conclude that further mediation would not be effective, the mediator shall decide to terminate the mediation.
2. Circumstances Leading to the Conclusion of Mediation at the Grassroots Level
Pursuant to Article 23 of the Law on Grassroots Mediation 2013, mediation shall be concluded in the following circumstances:
+ The parties reach an agreement;
+ One or both parties request to terminate the mediation;
+ The mediator decides to terminate the mediation where the parties cannot reach an agreement and further mediation is unlikely to achieve results.
Accordingly, mediation at the grassroots level is considered concluded when any of the following situations arise:
+ The parties reach mutual agreement on the matter;
+ One or both parties participating in mediation request to terminate the process;
+ The mediator decides to terminate the mediation where consensus cannot be achieved, and continued mediation is deemed incapable of producing substantive results.
Thus, it can be seen that mediation at the grassroots level does not necessarily end only when an agreement is achieved; it may also lawfully conclude in other cases as mentioned above, when good faith for mediation no longer exists or the conditions for mediation are no longer appropriate.
3. Scope of Conflicts and Disputes Subject to Grassroots Mediation
Pursuant to Article 3 of the Law on Grassroots Mediation 2013 and Clause 1, Article 5 of Decree No. 15/2014/NĐ-CP, mediation at the grassroots level may be conducted for the following types of conflicts and disputes:
Conflicts between parties arising from differences in lifestyle, personality, or due to disputes regarding shared pathways, access, use of electricity or water, auxiliary structures, daily living schedules, hygiene, or other similar reasons;
Disputes arising from civil relations, such as disputes over:
+ Ownership rights;
+ Civil obligations;
+ Civil contracts;
+ Inheritance;
+ Land use rights.
Disputes arising from marriage and family relations, such as:
+ Relations between husband and wife; relations between parents and children; relations between grandparents and grandchildren; be tween siblings; and among other family members;
+ Alimony;
+ Determination of parentage;
+ Adoption;
+ Divorce.
Violations of law which, under the law, are not serious enough to warrant criminal prosecution or administrative sanctions.
– Violations of criminal law in the following cases:
+ Cases not subject to prosecution under Article 157 of the Criminal Procedure Code 2015 and not subject to administrative handling by a competent state authority;
+ Cases subject to prosecution only at the request of the victim as prescribed in Clause 1, Article 155 of the Criminal Procedure Code 2015, where the victim does not make such a request;
+ Cases that have been prosecuted but later terminated or dismissed under Clause 1, Article 230 or Clause 1, Article 248 of the Criminal Procedure Code 2015, and not subject to administrative handling by competent authorities.
– Violations of law subject to educational measures at the commune, ward, or township level under Decree No. 120/2021/NĐ-CP, or eligible for alternative administrative handling measures under Chapter II, Part Five of the Law on Handling of Administrative Violations 2012.
Other matters not prohibited by law.
4. Cases Excluded from Grassroots Mediation
Also stipulated under Clause 2, Article 5 of Decree No. 15/2014/NĐ-CP, mediation shall not be conducted in the following cases:
– Conflicts or disputes infringing upon the interests of the State or public interests;
– Violations of marriage and family law that must be resolved by competent state authorities, or civil transactions that contravene legal prohibitions or social ethics;
– Violations of law subject to criminal prosecution, except as provided in Point đ, Clause 1, Article 5 of the Decree;
– Violations of law subject to administrative sanctions, except as provided in Point e, Clause 1, Article 5 of the Decree;
– Other conflicts and disputes not subject to grassroots mediation as prescribed in Point d, Clause 1, Article 3 of the Law on Grassroots Mediation 2013, including:
+ Commercial disputes, which shall be mediated in accordance with the Law on Commerce and its guiding documents;
+ Labor disputes, which shall be mediated in accordance with the Labor Code and its guiding documents.
5. Settlement of Cases Not Falling Within the Scope of Grassroots Mediation
According to Article 6 of Decree No. 15/2014/NĐ-CP, in cases where a matter is determined not to fall within the scope of grassroots mediation as prescribed in Article 3 of the Law on Grassroots Mediation 2013 and Clause 2, Article 5 of the same Decree, the mediator shall clearly explain to the parties the reasons why mediation cannot be conducted, and guide them to carry out necessary procedures to request the competent state authorities for resolution in accordance with the law.
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