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RECAP CONFERENCE ON IDENTIFYING, PREVENTING RISKS AND RESOLVING DISPUTES EFFECTIVELY THROUGH COMMERCIAL MEDIATION: SOME REMARKS FOR SMALL AND MEDIUM-SIZED ENTERPRISES” ON NOVEMBER 2023

On November 24, 2023, Vietnam International Commercial Mediation Center (VICMC), Can Tho University and Can Tho City Bar Association co-organized a conference on “Identifying, preventing risks and resolving disputes effectively through commercial mediation: Some remarks for small and medium-sized enterprises”.

The Conference is an event held within the framework of the interdisciplinary legal support program for small and medium-sized enterprises for the period 2021 – 2025 – Ministry of Justice.

CONFERENCE ON IDENTIFYING, PREVENTING RISKS AND RESOLVING DISPUTES EFFECTIVELY THROUGH COMMERCIAL MEDIATION: SOME REMARKS FOR SMALL AND MEDIUM-SIZED ENTERPRISES"

On the side of VICMC, there were

Lawyer Nguyen Hung Quang – Chairman of VICMC, Managing Partner of NHQuang & Associates
Lawyer Luong Van Ly – Executive member of VICMC; Senior Advisor, Global Vietnam Lawyers (GV Lawyers)

The Conference was honoured to have the presence of Associate Professor, PhD. Lecturer. Phan Trung Hien – Dean of the Faculty of Law, Can Tho University; Dr. Cao Nhat Linh – Deputy Dean of the Faculty of Law, Can Tho University and the school’s lecturers and students.

Associate Professor, PhD. Lecturer. Phan Trung Hien – Dean of the Faculty of Law, Can Tho University
Dr. Cao Nhat Linh – Deputy Dean of the Faculty of Law, Can Tho University

On the side of the Can Tho City Bar Association, there were the participation of the Lawyer Tran Minh Tri – Chairman of Can Tho City Bar Association and more than 100 delegates who are lawyers from companies and law offices in Can Tho City and neighboring provinces.

In addition, with the purpose of understanding more about dispute resolution methods, especially mediation, businesses and legal officers at small and medium-sized enterprises had paid great attention to the conference. By attending, they can learn experiences on  avoiding unnecessary conflicts and making reasonable choices when resolving contract disputes in business.

The Conference’s opening remarks were representatives of the three organizing units, Lawyer Nguyen Hung Quang, Associate Professor, PhD. Lecturer. Phan Trung Hien and Lawyer Tran Minh Tri has shared comments emphasizing the importance of identifying risks arising from business contracts for businesses.

Therefore, it is affirmed that the training of knowledge, skills and expertise for business managers, legal officers of enterprises on methods to resolve disputes arising from contracts in business is extremely necessary to enhance the competitiveness of small and medium-sized enterprises.

At the conference, Lawyer Tran Minh Tri shared on identifying legal risks, some types of disputes, the risk of disputes arising from contracts in business as well as notes for businesses and legal experts when negotiating and drafting contract. Next, Dr. Cao Nhat Linh – Deputy Dean of the Faculty of Law, Can Tho University shared about the practice of mediation in the form of resolving business and commercial disputes in the Mekong River provinces in general, and Can Tho in particular. Specifically, the model of dispute resolution by mediation in Tra Vinh province has shown positive signs when mediation or dialogue at Court in the fields of marriage, civil, and commercial business are carried out extremely effective.

To continue, Lawyer Luong Van Ly gave an overview, evaluate the advantages and disadvantages of the method of resolving disputes by commercial mediation to see that, for the purpose of sustainable development, mediation is the most effective solution to resolve disputes that still maintain business relationships with partners and customers.

Lawyer Vu Thi Que and Mediator Tran Thi Huong shared about the skills and roles of mediators and lawyers in the stages of mediation. Accordingly, when participating in mediation, mediators need to prepare themselves with different skills in the following stages: the preparation stage, the opening stage, the information exploitation stage, the negotiation stage and the ending stage. In addition, mediators need to pay special attention to the confidentiality of the mediation process.

Lawyer Vu Thi Que – Vice President of VICMC, Chairwoman of the Board of Members, Rajah & Tann LCT Lawyers
Mediator Tran Thi Huong – Deputy Head of the Foreign Affairs Department of VICMC; Senior Advisor, Rajah & Tann LCT Lawyers

In terms of lawyers, they play an extremely important role in the success of mediation process. Accordingly, lawyers of each party need to clearly identify common contract dispute issues, thereby providing reasonable advice on: the appropriateness of the dispute, the advantages and disadvantages of the parties, and the relevant leagl issues,…with the goal of finding solutions that meet the interests of all parties.

To help the participants to understand better commercial mediation, VICMC organized a mock mediation session with participation of the lawyers, lecturers, students and a mediator at the court annexed mediation service.

Mock mediation session led by Ass. Professor Nguyen Minh Hang – General Secretary of VICMC. All participants gained practical experience and knowledge about commercial mediation methods. Especially, role-players are trained in knowledge and negotiation skills, analyzing situations, and coming up with effective solutions to balance the interests and rights of disputing parties.

Associate Professor, PhD. Nguyen Minh Hang – General Secretary of VICMC; Senior lecturer, Foreign Trade University
Lecturer and student of Can Tho University attended in the practicing session of the Conference

As a conference combining dialogue and training, lawyers, businesses, lecturers and students raised many practical questions for discussion related to the practice of commercial mediation and preventing disputing risks in business, drafting contracts and others. The speakers and the members of VICMC answered and discussed the questions to support businesses be more proactive in choosing and participating dispute settlement methods to minimize risks towards sustainable development.

VICMC would like to sincerely thank the companionship of the Can Tho City Bar Association and Can Tho University, the help from students of the Faculty of Law, Can Tho University and all delegates for their time attendance in the Conference on identifying, preventing risks and resolving disputes effectively through commercial mediation. With the success of the Conference, it is certain that in the near future, mediation in Vietnam will become increasingly popular in the community.

VICMC members and lecturer and students of Can Tho University

Images source: Faculty of Law, Can Tho University

Secretariat

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