Nowadays, there are many disputes in social relations including common types of disputes such as land disputes, inheritance disputes, disputes over the division of common properties, disputes over facility agreement. So, when a dispute arises, what measures should the parties in a civil relationship take to quickly and effectively resolve the dispute? Lac Duy & Associates provides an overview of the settlement process of civil dispute as below:
1. What is a civil dispute?
- Civil disputes are disputes arising between the participants in civil law relations over personal relations and property relations
- Recently, the most common types of civil disputes are: Disputes over property ownership, disputes over civil contracts, disputes over non-contractual damage compensation, divorce disputes …
2. Methods for civil dispute resolution
When a civil dispute needs to be resolved, all parties wish to find civil dispute settlement solution costing less time and money. Therefore, choosing a dispute resolution method is extremely important.
Currently, the method of resolving civil disputes can be mentioned as: Negotiation, mediation and initiating a lawsuit.
2.1 Negotiation
- Negotiation is the first method of the settlement process of civil disputes. The parties take the initiative to meet, discuss, agree on the legitimate rights and interests as well as the obligations of each part.
- The law on dispute resolution does not have regulation to oblige the parties to negotiate, except for some specific types of disputes in areas such as labor and land using right disputes. It all depends on the goodwill of the parties to settle. The negotiation method is favored by the parties. This method is not subjects to the law, it is not bound by the rules of the negotiation process, participants, time and money.
- Due to self-settlement by the parties, it will reduce the impact on the normal operation and reputation of the parties. Because there is no legal regulation, there is no enforcement of negotiation results
2.2 Mediation
- Mediation means the parties conducting “negotiation in resolution of disputes” with the assistance of an intermediary. This is also considered as dispute resolution methods that are not subject to the law,and implemented entirely based on the goodwill of the parties.
- Compared to the choice of negotiating method to resolve the dispute, the parties agree to choose an independent mediator who has the knowledge, skills, and experience to resolve the dispute, advising on the rights and obligations of the parties.
The intermediary can be an individual, a lawyer, … The opinion of the intermediary is for reference only. The mediation method is also selected by the parties because of the quick procedure, the parties have the right to decide, not to affect the cooperative relationship between the parties, not to discredit the two parties.
2.3 Initiate a lawsuit
- When the methods of negotiation, mediation do not bring results, the subject then chooses the method of initiating a lawsuit to the Court for settlement.
- This is a method with the participation of the state power representative, the People’s Court. Therefore, the dispute resolution process must comply with the strict provisions of the procedural law. At the same time, court judgments and decisions are guaranteed to be enforced by the system of state judgment enforcement agencies.
- When initiating a lawsuit, the parties must determine what is the subject of the dispute . This is to help identify the competent authorities and create conditions for the process of initiating lawsuits more favorably.
Above are the methods of resolving civil disputes and the basic way to resolve a civil dispute effectively. In fact, depending on the specific case, the dispute will be much more complicated, along with the dispute resolution methods will not be simple. Therefore, the parties should have a good dispute resolution lawyer to minimize the possibility of losing the case and ensure their legitimate rights and interests in the event of civil
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