THE ROLE OF LAWYERS IN NEGOTIATION, NEGOTIATION, AND DISPUTE MEDIATION

Dispute Resolution Methods

1. Negotiation and Negotiation

According to Clause 1, Article 317 of the 2005 Commercial Law, negotiation and negotiation are methods of dispute resolution that do not require the intervention of a third party. The parties directly participate in the agreement to reach a common solution. This method is the most popular and effective, saving time and money. However, success depends a lot on the goodwill of the parties.

2. Mediation

Mediation is specified in Clause 2, Article 317 of the Commercial Law 2005 and Clause 1, Article 3 of Decree No. 22/2017/ND-CP. This is a dispute resolution method with the assistance of a mediator. The parties can agree on mediation before or after the dispute arises. The effectiveness of mediation also depends on the goodwill of the parties in resolving the dispute.

3. Commercial Arbitration

Commercial arbitration is a method of dispute resolution conducted by an arbitral tribunal or arbitrator, according to Clause 3, Article 317 of the 2005 Commercial Law and Article 5 of the 2010 Commercial Arbitration Law. The parties must have an arbitration agreement, and the arbitrator's award is mandatory. In the event that a party fails to comply with the agreement, the arbitration shall remain effective against the successor or the receiving organization of rights and obligations

4. Court

Dispute settlement at the Court is specified in Clause 3, Article 317 of the Commercial Law 2005. This method is implemented according to the strict order and procedures of the adjudicating agency in the name of the State. If the parties have agreed to settle the dispute through arbitration and one party initiates a lawsuit at the Court, the Court will refuse to accept it.

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Disputes need lawyers to participate in negotiations

Depending on the case, the time to hire a lawyer may vary. However, it is recommended to hire a lawyer as soon as possible to ensure benefits. Lawyers may be involved in the following disputes:

- Land disputes

- Inheritance disputes

- Civil and commercial contract disputes

- Labor and insurance disputes

- Disputes over property, child custody, intellectual property

- Disputes over compensation for non-contractual damages

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The Role of Lawyers in the Process of Negotiation and Mediation

A lawyer is a person who represents or protects the interests of clients. They are knowledgeable about the law and have good communication and communication skills. The role of a lawyer includes:

- Finding a reasonable solution for the parties

- Communicate the customer's point of view

- Create a trusting negotiation environment - Preparation of legal documents and negotiation plans

- Propose solutions based on each case

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