Methods of Civil Dispute Mediation in Vietnam: Is It Mandatory?
In practice, when a civil dispute arises between individuals or organizations—such as disputes over contracts, land, inheritance, or civil obligations—mediation is one of the most common options considered. But what exactly is mediation, how many types exist, and most importantly, is mediation mandatory under Vietnamese law? This article clarifies those questions by analyzing the latest regulations and real-world applications.
1. Mediation in Civil Disputes: Common Methods
Before discussing whether mediation is mandatory, it’s essential to understand the types of mediation recognized under Vietnamese law:
Self-mediation (agreement between the parties):
The disputing parties negotiate directly with each other to reach a mutual agreement without involving a third party.Third-party mediation (assisted mediation):
The parties may invite a mediator or a professional mediation organization—such as a commercial mediator—to facilitate discussions and help identify solutions.Grassroots mediation (local mediation):
Conducted by village or neighborhood mediators, or commune-level People’s Committees, this method is common for land or small-scale civil disputes due to its accessibility and low cost. The law strongly encourages this form of mediation.Pre-litigation court mediation:
A special form governed by the Law on Mediation and Dialogue at Court 2020 and the Civil Procedure Code 2015. It takes place before the court officially accepts a case.Mediation during court proceedings:
Once a case has been accepted by the court, judges are required to facilitate mediation sessions where possible, unless the law prohibits it.
Each form has its own advantages, limitations, and scope of application. Choosing the right mediation method depends on the nature of the dispute, the timing, and the parties’ agreement.
2. Is Mediation Mandatory?
The question “Is mediation mandatory?” doesn’t have a one-size-fits-all answer—it depends on the type of dispute, the stage of legal proceedings, and relevant legal provisions. Below is a breakdown of common scenarios:
2.1. During Civil Proceedings — Mediation Is a Procedural Requirement
According to Article 10 of the Civil Procedure Code 2015, the court has an obligation to facilitate mediation and create opportunities for the parties to reach an agreement.
Specifically, during the pre-trial preparation phase, the court must conduct mediation unless the law explicitly prohibits it or mediation cannot be carried out.
Certain cases are excluded from mediation, such as:
Claims for compensation for damage to State property;
Disputes arising from civil transactions that violate prohibitions or social ethics;
When one party requests not to mediate;
Divorce cases where one spouse has lost civil act capacity;
When a party is summoned twice but fails to appear without a valid reason.
Therefore, in most civil cases accepted by the court, court mediation is a mandatory procedural step (except in excluded circumstances). The court cannot skip this step if mediation is permitted by law.
2.2. Pre-Litigation Mediation under the Law on Mediation and Dialogue — Voluntary but Encouraged
The Law on Mediation and Dialogue at Court 2020 provides that before a civil case is officially accepted by the court, the parties have the right to choose mediation or dialogue. This mechanism operates outside the formal court proceedings.
If one party refuses mediation, the court will still accept and handle the case under procedural law.
The law also lists cases where court mediation will not be conducted, such as:
Claims for compensation for damage to State property;
Disputes involving acts that violate legal prohibitions;
Cases where parties are uncooperative or absent.
Thus, mediation under this law is not mandatory—it is an optional mechanism that encourages early resolution, reducing both costs and emotional strain.
2.3. Pre-litigation Mediation Requirement in Specific Cases
For certain disputes, mediation is a mandatory precondition for filing a lawsuit:
Land disputes:
Under the Land Law 2024 and its guiding decrees, if the dispute involves determining who has the right to use land, mediation at the commune-level People’s Committee is mandatory before submitting a lawsuit.
If mediation is skipped, the court may return the petition and require the parties to complete the mediation procedure.
However, not all civil disputes require pre-litigation mediation. Disputes over contracts or general civil obligations typically do not require mandatory mediation unless specific laws state otherwise.
2.4. Summary: When Is Mediation Mandatory?
In civil proceedings, mediation is a mandatory procedural step, except where prohibited by law.
In the pre-litigation stage, mediation is mandatory only for certain types of disputes, such as land disputes.
Mediation under the Law on Mediation and Dialogue (2020) is voluntary, providing an optional path for parties to resolve disputes before court involvement.
3. Key Considerations When Opting for Mediation
Whether you are an individual or a business, here are essential points to keep in mind:
Voluntariness Is the Core Principle
Mediation—both in and out of court—must be based on the free will of the parties. No one can be compelled to mediate or accept a settlement against their own will.
Identify the Type of Dispute First
The nature of the dispute (land, contract, inheritance, etc.) directly determines whether mediation is mandatory and which type of mediation applies.
Timing Matters
If a lawsuit has been filed and accepted, court mediation is required during the pre-trial phase. Out-of-court mediation should occur before the lawsuit formally enters litigation.
Legal Validity of Mediation Outcomes
If a mediation agreement is reached, the court can issue a decision recognizing the successful mediation, giving it the same effect as a legally enforceable judgment.
Cost, Time, and Relationship Preservation
Mediation—especially out-of-court—saves time and litigation costs while helping maintain business or personal relationships between the parties.
Stay Updated on Legal Changes
Vietnamese law is frequently updated. For example, Circular No. 05/2025 recently amended certain provisions governing mediation activities at the court level.
4. Conclusion
Mediation is a highly encouraged dispute resolution method in Vietnam and, in some cases, a mandatory step, particularly during civil court proceedings. However, its mandatory nature depends on the type of dispute, timing, and legal framework involved.
If you are currently involved in a civil dispute and unsure which form of mediation applies—or whether mediation is required in your case—don’t hesitate to seek professional legal advice. Understanding your rights and obligations early will save both time and risk in the long run.
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