RECAP WORKSHOP MEDIATION IN FRANCE, EUROPE AND IN VIETNAM; THE ROLE OF LAWYERS IN MEDIATION ON JULY, 2023

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On 11 July, 2023, Vietnam International Commercial Mediation Center (VICMC), Association Pour La Coopération Juridique Europe Vietnam (ACJEV), Foreign Trade University (FTU), with the sponsorship of the French Embassy and support from International Mediation Council (CIM) and Société de Législation Comparée (SCL), co-organized the Workshop Mediation in France, Europe and in Vietnam; the role of lawyers in mediation.

The workshop is an event held within the framework of activities to celebrate the 50th anniversary of the establishment of diplomatic relations between Vietnam and France as well as the 5th anniversary of VICMC’s establishment.

Workshop Mediation in France, Europe and in Vietnam; the role of lawyers in mediation.

The French Bar Association attended the workshop includes Ms. Thi My Hanh Ngo-Folliot – President of Association Pour La Coopération Juridique Europe Vietnam (ACJEV); Mrs. Christiane Feral-Schuhl – Vice President of the National Council of the Bar Federation and former President of the Paris Bar Association; Mr. Vincent Berthat – Vice President of ACJEV; Mrs. Brigitte Longuet – Former President of the Federation of Women Directors and lawyers from France and Italy. Along with that are Vietnamese experts and lawyers including Mr. Dao Ngoc Chuyen – President of Hanoi Bar Association; Mr. Tran Minh Tri – President of Can Tho Bar Association; Mr. Duong Quoc Thanh – mediator of the Vietnam Mediation Center.

On the side of VICMC, there were Lawyer Nguyen Hung Quang – President of VICMC, Managing Partner of NHQuang&Associates; Lawyer Luong Van Ly – Member of the Executive Board, Head of the External Affairs Committee of VICMC; Assoc.Prof. Nguyen Minh Hang – General Secretary of VICMC, Senior Lecturer of Foreign Trade University; Mr. Doan Hong Son – Founder and CEO of IP Max, Mediator of VICMC.

On the side of Foreign Trade University, there were Assoc. Dr. Le Thi Thu Thuy – Chairwoman of University Council, Foreign Trade University; Assoc. Dr. Nguyen Ngoc Ha – Vice Dean of Law Faculty, Foreign Trade University and law students.

The French and Italian lawyers shared their experience of mediation in Europe in general, in France and Italy in particular; analyze the role and position of mediation in dispute settling; relationship between mediation and the Judge, as well as practical usage of mediation in corporations and administrative mediation in France. From the discussions, it can be seen that mediation is a “first chosen” method of dispute resolution and in most cases when disputes occur, it is considered a mandatory dispute resolution method in these countries.

Along with the sharing of foreign lawyers, Vietnamese lawyers also had speeches on mediation, the development trend of mediation in Vietnam. The mediators of VICMC were President Nguyen Hung Quang, Lawyer Luong Van Ly, Lawyer Doan Hong Son shared speeches on types of mediation in Vietnam; speeches on commercial mediation and intellectual property mediation.

Beside, giving advantages and opportunities of mediation compared to other dispute resolution methods as well as challenges that mediation in Vietnam needs to overcome in order to develop and compatible with the UNCITRAL Model Law on International Mediation; hence, gave predictions and expectations for the development trend of mediation in Vietnam. The speakers all agreed that it is necessary to overcome the disadvantages so that in the future, mediation will develop more and more with increasing competence and intensive training activities for the mediators.

Lawyer Nguyen Hung Quang Quang also answered questions and participated in discussions on environmental mediation issues, methods and mindset about mediation in Vietnam, issues of mediation through the assistance of information technology.

The workshop ended successfully with lively discussions and lessons given by the French and European lawyers for Vietnam. In the near future, mediation in Vietnam will gradually change the role of “alternative” dispute resolution to become the preferred method of dispute resolution in the community, as it has been in France and Europe.

Secretariat

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