Court-annexed mediation and dialogue is the "second door" beside litigation: parties negotiate with a mediator's help, successful outcomes are recognized by the court and enforceable like judgments — with no court fees and no multi-year proceedings. In 2025–2026, this mechanism saw important updates tied to court reorganization.
1. Current legal framework
- Law on Mediation and Dialogue at Courts 35/2020/QH15 (effective 1/1/2021), amended by a 2025 law — consolidated text 122/VBHN-VPQH (2025).
- Resolution 01/2025/NQ-HDTP of the Judicial Council — jurisdiction allocation among court levels (from 1/7/2025).
- Circular 13/2026/TT-TANDTC of the Chief Justice — courtroom and mediation/dialogue room standards (effective 1/9/2026, replacing 2017 rules).
- Decree 16/2021/ND-CP — costs and mediator remuneration.
- Guidance circulars: 02/2020, 03/2020, 04/2020/TT-TANDTC and 01/2023/TT-TANDTC (mediator appointment conditions).
2. What's new in 2025–2026
First — reallocated jurisdiction under Resolution 01/2025/NQ-HDTP (from 1/7/2025). Linked to court reorganization (regional people's courts replacing district courts):
- Regional courts: organize mediation and dialogue; receive mediators transferred from provincial courts;
- Provincial courts: recognize (or refuse) successful outcomes; review regional courts' recognition decisions;
- Supreme People's Court appellate courts: review provincial courts' recognition decisions.
Second — new mediation/dialogue room standards (Circular 13/2026/TT-TANDTC, effective 1/9/2026). Replacing 2017 rules for people's and military courts — standardizing facilities to support mediation and dialogue with solemnity and negotiation-friendly layout.
Third — consolidated text 122/VBHN-VPQH (2025). Merging Law 35/2020 with 2025 amendments — one text to consult instead of cross-referencing multiple amending laws.
3. Core mechanics: who, what, how?
Scope: mediation for civil and commercial disputes; dialogue for administrative claims (claimant dialogues with the administrative respondent).
Golden rule — voluntariness: parties may decline or withdraw from mediation/dialogue at any time; no one can be forced into settlement.
Mediators: appointed by the Chief Justice per statutory standards (ethics, qualifications, experience), independent from the trial judge.
Rough procedure: after the court receives the petition, if the case qualifies and parties agree, a mediator is designated; sessions are held; if successful — minutes are drawn and sent to a judge for recognition; if not — the case returns to ordinary proceedings.
4. Recognition conditions for successful outcomes
The judge issues recognition when 5 conditions are met:
- Parties have full civil act capacity;
- Parties are the right/obligation holders of the agreed content;
- Content is fully voluntary, not violating legal prohibitions or social morals, not evading obligations to the State or others;
- For consensual divorce: complete terms on divorce, property division, child care per regulations;
- Where the agreement affects absentees' rights: recognized only with their written consent.
The recognition decision is enforceable like a court judgment and not subject to appeal or protest — the "power" distinguishing court mediation from ordinary commercial mediation.
5. Costs and remuneration
Under Decree 16/2021/ND-CP: mediation/dialogue costs are covered by the state budget; parties pay no court-fee advances or fees for successful mediation/dialogue. Mediators are remunerated from the budget — a clear cost advantage over multi-instance litigation.
6. Practical meaning for businesses
- Commercial disputes: consider court mediation right after filing — preserving business relationships while securing an enforceable recognition decision.
- Administrative claims (e.g., tax or land decisions): the dialogue mechanism enables direct engagement with the administrative body under court facilitation.
- Note the new jurisdiction: from 1/7/2025, identify the competent regional/provincial court under Resolution 01/2025 — filing at the wrong level wastes transfer time.
8. How counsel should prepare clients for court mediation
Court mediation fails most often not on the merits but on preparation. A disciplined pre-mediation routine changes the odds.
First, secure real settlement authority. The person at the table must be able to say yes — with a written authorization specifying the ceiling (or floor) and any non-monetary terms. Nothing kills mediation faster than "I need to ask my board," which the other side reads as bad faith. For companies, get the board or authorized signatory's written mandate before the session.
Second, prepare the client for the mediator's method. Vietnamese court mediators shuttle between rooms and reality-test each side's position ("if this goes to trial, your weakest point is…"). Warn clients in advance: the mediator is not the judge, concessions suggested by the mediator are not rulings, and everything said in a separate caucus stays confidential unless the client agrees otherwise.
Third, bring a settlement draft, not just a position. Arrive with a term sheet covering payment amount, schedule, security for performance, confidentiality, mutual release of claims, and what happens on default (e.g., the case resumes or a consent judgment issues). Mediations that reach conceptual agreement but adjourn "to draft paperwork" have a habit of collapsing overnight.
Fourth, know your BATNA precisely. Calculate the realistic trial outcome — probability-weighted damages, timeline (first instance plus appeal can run 1–2 years), enforcement risk — and share the math with the client privately. A client who understands that "winning" in 2028 may be worth less than settling in 2026 negotiates rationally.
Finally, remember the upside unique to court mediation: a successful mediation produces a court decision recognizing the settlement, which is directly enforceable — no need for a separate lawsuit if the other side defaults.
Practical note: Confirm every mediation session date in writing and keep the summons — procedural proof matters if the other side later claims they were never notified.
7. FAQ
Q: What is court-annexed mediation and dialogue?
A: A voluntary court-linked mechanism under Law 35/2020: mediation for civil/commercial disputes; dialogue for administrative claims. Conducted by appointed mediators; parties may decline or withdraw anytime.
Q: Does a successful outcome equal a judgment?
A: Yes — the judge's recognition decision (on 5 conditions) is enforceable like a judgment and not appealable.
Q: From 1/7/2025, which level handles it?
A: Regional courts organize; provincial courts recognize and review regional decisions; SPC appellate courts review provincial decisions (Resolution 01/2025).
Q: What does Circular 13/2026 provide?
A: New courtroom and mediation/dialogue room standards (effective 1/9/2026, replacing 2017 rules) for people's and military courts.
Q: Who bears costs?
A: The state budget (Decree 16/2021); parties pay no fee advances or fees for successful mediation/dialogue.
References
- Law on Mediation and Dialogue at Courts 35/2020/QH15; consolidated text 122/VBHN-VPQH (2025).
- Resolution 01/2025/NQ-HDTP; Circular 13/2026/TT-TANDTC (effective 1/9/2026).
- Decree 16/2021/ND-CP.
- Cross-checked via thuvienphapluat.vn at drafting (28/9/2026).
—