Resolving disputes between consumers and business organizations and individuals by conciliation

The Law on Consumer Protection 2023 stipulates 04 methods of resolving disputes between consumers and business organizations and individuals as follows: Negotiation, mediation, arbitration, and court.

This article will share about how to resolve disputes through mediation.

1. Mediation procedures and order

- Business organizations, individuals and consumers have the right to agree to choose a third party to conduct mediation.

- The order and procedures for mediation shall comply with the provisions of law on mediation.

2. Principles of implementing mediation

- Ensure objectivity, honesty, goodwill, equality, fairness, and voluntariness; no coercion or deception.

- Organizations and individuals conducting mediation and parties participating in mediation must ensure confidentiality of information related to mediation, unless otherwise agreed by the parties or otherwise provided by law.

3. Mediation organization

- Organizations that mediate disputes between consumers and business organizations and individuals include:

+ Social organizations participate in protecting consumer rights;

+ Organize mediation according to the provisions of the law on commercial mediation, the law on mediation at the grassroots level, and the law on mediation at court;

+ Other organizations have the function of mediating disputes between consumers and business organizations and individuals according to the provisions of law.

- The mediation organization as prescribed in Point a and Point c, Clause 1 of this Article shall be responsible for recognizing and announcing the List of qualified mediators as prescribed and appointing mediators to participate in the mediation at the request of the parties.

4. Mediator

Mediators mediate disputes between consumers and business organizations and individuals, including:

- Mediator according to the provisions of relevant laws on mediation;

- Mediators of the organizations specified in Point a and Point c, Clause 1, Article 63 of this Law are Vietnamese citizens who meet the following conditions:

+ Have full civil capacity;

+ Have good moral qualities, honesty, and reputation;

+ Have mediation skills, understand the law on consumer rights protection and other relevant laws;

+ Not currently under criminal prosecution or has been convicted but has not had his/her criminal record cleared.

- In case of a dispute between a consumer and a business organization or individual with ethnic minorities, there must be at least one mediator who is an ethnic minority or a person who is fluent in the language of that ethnic minority. In case there is no mediator who meets the requirements in this clause, the parties participating in the mediation shall arrange an interpreter themselves or request the mediator to arrange an interpreter, unless the parties have another agreement.

5. Mediation results

- When a successful mediation result is achieved, the parties shall draw up a document on the successful mediation result.

- The document on the successful mediation result for the cases specified in Point a and Point c, Clause 1, Article 63 of this Law must have the following contents:

+ Organizations and individuals conducting mediation;

+ Parties participating in mediation;

+ Time and place of conciliation;

+ Mediation content;

+ Opinions of the parties participating in the mediation;

+ Mediation results and implementation solutions;

+ Time limit for implementing successful mediation results;

+ Other contents as agreed by the parties in accordance with the provisions of law.

- The document on the results of the mediation must have the signatures or fingerprints of the parties participating in the mediation, the signature of the individual conducting the mediation and the confirmation seal of the organization conducting the mediation (if any).

* Implement and recognize successful mediation results

- The parties participating in the mediation are responsible for implementing the successful mediation results within the time limit agreed upon in the document on the successful mediation results.

- One of the parties participating in the mediation has the right to request the Court to issue a decision recognizing the successful mediation result.

- The request and recognition of successful mediation results shall be carried out in accordance with the provisions of the law on civil proceedings.