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LEGAL FRAMEWORK ON COMMERCIAL MEDIATION IN COUNTRIES AROUND THE WORLD AND EXPERIENCES FOR MEDIATION IN VIETNAM

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Continuing the series of seminars in collaboration with foreign experts, on July 8, 2025, at the University of Danang, a seminar with the topic: “Mediation in five continents and the role of lawyers” was held. The seminar welcomed representatives of the following agencies: Vietnam International Commercial Mediation Center (VICMC), European – Vietnam Legal Cooperation Association (ACJEV), French Embassy in Vietnam, International Committee on Mediation (CIM), Comparative Law Society (SLC) and Vietnam Committee of the Paris Bar Association, Danang Bar Association, Danang Lawyers Association. This is one of the events celebrating the 50th anniversary of the establishment of the University of Economics – Danang University.

On behalf of the French Embassy, ​​there were Mr. Yves ROMANI, Director of the French Institute in Da Nang, Ms. Priscille de CAMBOURG – Officer in charge of Legal Cooperation, Embassy of France in Vietnam.

On behalf of the experts from France, there were Ms. Ngo Thi My Hanh – Lawyer of the Paris Bar Association, President of the European – Vietnam Legal Cooperation Association, President of the Vietnam Committee – Paris Bar Association, President of the Vietnam Committee – Comparative Law Association, Vice President of the International Committee on Mediation; Ms. Christiane FERAL – SCHUHL – Vice President of the French National Mediation Council; Mr. Alberto TARAMASSO – Lawyer of the Paris Bar Association and Genes; Mr. Vincent BERTHAT – Lawyer, Vice President of the European – Vietnam Legal Cooperation Association, former member of the National Council of the Federation of Bar Associations, member of the International Committee on Mediation (CIM) and the Comparative Law Society (SLC).

On the side of the Vietnam International Commercial Mediation Center (VICMC) – the co-organizer of the program, there was the participation of Ms. Nguyen Minh Hang – General Secretary of VICMC.

On the side of the University of Economics – University of Danang, there was the participation of Ms. Vo Thi Thuy Anh, Secretary of the Party Committee – Chairman of the Council of the University of Economics – University of Danang, Ms. Tran Thi Sau, Dean of the Faculty of Law along with teachers and students of the University of Economics – University of Danang.

The seminar also had the participation of many guests from professional organizations in Da Nang: Mr. Nguyen Le Vu, Secretary of the Party Committee of the Da Nang City Bar Association, Mr. Tran Tuan Loi, Chairman of the Da Nang City Bar Association, Mr. Nguyen Ngoc Chinh, Vice Chairman of the Da Nang City Bar Association, Mr. Nguyen Ba Son, Chairman of the Da Nang City Bar Association, Mr. Nguyen Van Quy, Permanent Vice Chairman of the Da Nang City Bar Association, Ms. Nguyen Tran Thuy Tien, Chief of Office of the City Bar Association, Ms. Huynh Phan Thien Phuc, Lawyer, member of the Da Nang City Bar Association; Arbitrator of the Central Commercial Arbitration Center and many lawyers and jurists in Da Nang. 

Foreign experts shared their experiences in managing and controlling issues related to the development of a code of ethics for mediators, a framework program for training mediation skills for lawyers, evaluating mediation results at national courts, etc. The legal framework for mediation in the European Union was established in the 2000s with the aim of resolving cross-border disputes. Experts affirmed the role of lawyers as an important factor in the mediation process. To participate in mediation, lawyers not only need professional knowledge but also need to be well-trained in mediation techniques, helping them to support clients effectively, ensuring the dispute resolution process goes smoothly, thereby creating long-term and sustainable agreements. The representative of the French Embassy said that legal exchange activities between France and Vietnam have been promoted more in recent years with the aim of ensuring legal safety and a transparent business and commercial environment. 

Lawyers, jurists, and experts from the Danang Bar Association and the Danang Lawyers Association also discussed the practical activities of mediation in Vietnam, mediation in court proceedings, mediation in arbitration proceedings, grassroots mediation, land mediation, labor mediation, and commercial mediation; affirming that lawyers are the representatives and consultants for the parties in the mediation process, helping them understand their legal rights and obligations, analyzing solutions in terms of risks, benefits, and legal consequences, and drafting a mediation agreement to ensure legality and feasibility.

Foreign and Vietnamese experts discussed the issues facing mediation in Vietnam: perfecting the legal framework, enhancing training to improve the quality and reputation of mediators, promoting communication and dissemination of the law on mediation to the community; establishing a statistical system to evaluate the effectiveness of mediation work nationwide. These solutions aim to fully promote the role of mediation as an effective and humane method of dispute resolution, contributing to building a legal culture of dialogue, reducing the burden on the judicial system, and promoting judicial reform in the new period.

The seminar created an open, scientific and useful forum for domestic and international scholars, lawyers, jurists, and experts to exchange experiences and share views, thereby promoting the sustainable and effective development of commercial mediation in Vietnam and in Da Nang – where the international financial center will be established. Foreign experts, representatives of the Bar Association, the Lawyers Association, mediation centers and the Da Nang University of Economics all affirmed that they will continue to cooperate in implementing practical activities with the aim of creating and operating a sustainable mediation ecosystem.

See more articles about the seminar here:

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