Enhance the professional skills of mediators

On the afternoon of April 2, comrades: Nguyen Van Thong - Deputy Secretary of the Provincial Party Committee, Head of the Steering Committee for the pilot mediation of Nghe An province; Luong Ngoc Tram - Judge of the Supreme People's Court chaired the conference to review the pilot innovation and enhance dialogue mediation in resolving civil and administrative disputes at the People's Courts at 2 levels of Nghe An province. Attending the conference were comrade Cao Thi Hien - Member of the Standing Committee of the Provincial Party Committee, Vice Chairman of the Provincial People's Council; members of the steering committee, representatives of mediation and dialogue centers in the province.

Overview of the conference. Photo: Hoai Thu

Successfully mediated nearly 1,000 cases

At the conference, the Steering Committee assessed that the operation of mediation and dialogue centers has created positive social effects, helping to resolve disputes quickly and sustainably, saving a lot of time and costs in litigation. The mediation results also have a positive and effective impact in reducing the pressure of increasing cases at the Courts.

By March 2019, the Mediation and Dialogue Centers had received 1,528 petitions and resolved 1,269 petitions (reaching 83%); of which the number of cases summoned for mediation was 1,049 and 825 cases were successfully mediated, reaching 65%; a decrease of 28% of the cases accepted by the Court compared to the same period in 2018. The Mediation Center at the Provincial People's Court alone received 585 cases and resolved 451 cases, reaching 77%. The successful mediation rate was 279/451 cases, reaching 61.8%.

In addition, delegates attending the conference also recognized the shortcomings, limitations and obstacles in the pilot process, including difficulties in funding; skills and experience of some mediators; some cases still take a long time to mediate; the rate of civil and commercial disputes being handled is still low.

Improve the efficiency of mediation centers

Pointing out a number of issues that need to be resolved, comrade Nguyen Van Thong - Deputy Secretary of the Provincial Party Committee, Head of the Steering Committee said that it is necessary to strengthen propaganda work so that people know more about mediation centers (currently, only the rate of people submitting applications directly to mediation centers is nearly 12% compared to the cases accepted). In addition, it is necessary to propose solutions to further improve mediation activities to ensure convenience for the parties and better serve the people.

Propose that the Courts create favorable conditions and support the centers to resolve problems and related legal procedures.

Activities at the Provincial People's Court Mediation Center. Photo: Hoai Thu

Comrade Ho Dinh Trung - Chief Justice of the Provincial People's Court affirmed that legal procedures at the mediation center, if resolved, will have the same legal value as court judgments, recognized by law without the need for a trial.

Speaking at the conference, Comrade Luong Ngoc Tram highly appreciated the direction and activities of the mediation and dialogue centers in Nghe An. He said that the leaders of the board have a firm grasp and deep understanding of the nature of the activities of the mediation centers. The major problems that the centers still face after the pilot period were also specifically mentioned.

"Nghe An has many creative points that need to be replicated. It is the second province with the highest number of petitions after Hanoi and Ho Chi Minh City, but it is also the most effective in resolving them. Nghe An also has a creative point in establishing a mediation center of the Provincial Court in coordination with the City Court. This is an approach that needs to be replicated nationwide," said comrade Luong Ngoc Tram. Photo: Hoai Thu

The Supreme People's Court judge also noted some contents, that is, the settlement rate data must be in accordance with regulations; some guidance contents need to be coordinated and oriented in accordance with the draft Law on Mediation and Dialogue.

He also suggested that Nghe An continue to strengthen propaganda and educate judges and lawyers to cooperate and comply with regulations related to the operation of the mediation center; regularly improve experience and specialized skills for mediators.

Comrade Nguyen Van Thong - Deputy Secretary of the Provincial Party Committee discussed with officials of the Mediation and Dialogue Center at the Provincial People's Court. Photo: Document

Concluding the conference, comrade Nguyen Van Thong - Deputy Secretary of the Provincial Party Committee, Head of the Provincial Steering Committee for Pilot Mediation and Dialogue acknowledged and highly appreciated the role of mediation centers, creating a good mentality for people in resolving cases.

Although the time of operation is not long, the rate of successful mediation is high. The Head of the Provincial Steering Committee also noted that the centers need to regularly exchange and learn from experiences to improve the effectiveness of the mediation centers, moving towards effectively building the Law on Mediation and Dialogue.

In order to create a breakthrough reform in resolving civil disputes and administrative complaints, the Central Steering Committee for Judicial Reform has directed the pilot implementation of innovation, strengthening mediation and pre-litigation dialogue in resolving civil disputes and administrative complaints in Hai Phong city. From the success of this pilot model, the Supreme People's Court has expanded the pilot implementation to 16 provinces and cities, including Nghe An. Currently, 6 mediation and dialogue centers in Nghe An have offices located at the People's Court of Nghe An province and the districts of Nghi Loc, Dien Chau, Quynh Luu, Yen Thanh, and Do Luong.