What Is A Civil Dispute? Methods of Resolving Civil Disputes

The presence of disagreements, clashes, or disharmony concerning legal rights and interests among parties during the process of civil transactions is inevitable. Hence, what exactly constitutes a civil dispute? Furthermore, what are the available approaches to resolve such civil disputes? Gain further insights into civil disputes through the article below, presented by NT International Law Firm.

What is a civil dispute?

Legal Basis:

• 2015 Civil Procedure Code of Vietnam:
  • Clause 3, Article 26
  • Article 35
  • Article 39
  • Clause 1, Article 40
  • Article 189
  • Article 196
  • Article 197

Definition:

A civil dispute is a disagreement between individuals or entities regarding private rights and interests protected by law. These disputes can involve various matters, including:

• Property ownership: Disputes over land boundaries, inheritance, contract breaches, etc.
• Compensation for non-contractual damages: Injuries, torts, defamation, etc.
• Civil contracts: Breach of contract, misrepresentation, fraud, etc.
• Family law: Divorce, child custody, property division, etc.

What is a civil dispute?

Civil dispute resolution methods

Resolution Methods:

There are three main methods for resolving civil disputes in Vietnam:

1. Negotiation: The parties voluntarily discuss and reach an agreement on their own.
2. Mediation: The parties involve a neutral third party to facilitate communication and find a mutually agreeable solution.
3. Litigation: The parties file a lawsuit in court, and a judge decides the outcome.

Legal Basis for Dispute Resolution Methods:

• Negotiation: Not regulated by law, relies on the parties’ willingness to cooperate.
• Mediation: Not regulated by law, but the mediator’s opinion can serve as a reference point.
• Litigation: Governed by the 2015 Civil Procedure Code of Vietnam, which provides a legal framework for filing lawsuits, presenting evidence, and enforcing court decisions.

Resolve disputes by mediation

Negotiation

Explanation: Negotiation is a direct and informal method of dispute resolution where the parties involved communicate directly to reach a mutually agreeable solution. This method relies heavily on open and honest communication, compromise, and a willingness to cooperate.

Advantages:

• Cost-effective: No need for legal fees or court costs.
• Time-saving: Can be resolved quickly and efficiently.
• Preserves relationships: Allows for continued communication and cooperation between parties.
• Flexible: Parties can tailor the solution to their specific needs and interests.
• Confidential: Negotiations are private and confidential.

Disadvantages:

• Requires good communication and collaboration skills from both parties.
• Power imbalances can lead to unfair outcomes.
• No legal enforcement mechanism for any agreements reached.
• Can be emotionally challenging and time-consuming if parties are not cooperative.

Mediation

Explanation: Mediation involves a neutral third party, known as a mediator, who facilitates discussion and communication between the parties in dispute. The mediator helps the parties understand each other’s perspectives, identify their interests, and explore potential solutions. Unlike negotiation, the mediator does not offer their own opinions or judgments.

Advantages:

• Builds trust and communication between parties.
• Impartial facilitator helps ensure fairness and balance.
• Explores creative solutions that may not have been considered in direct negotiation.
• Can be faster and less expensive than litigation.
• Confidentiality is maintained throughout the process.

Disadvantages:

• May not be effective if parties are unwilling to compromise or cooperate.
• Requires the mediator to have relevant expertise and experience.
• The mediator’s opinion is not legally binding.
• Can be time-consuming, especially if the dispute is complex.

Resolve disputes by suing in Court

Litigation

Explanation: Litigation is a formal process where the parties involved present their case before a judge in court. The judge will hear arguments from both sides, review evidence, and issue a final decision that is legally binding.

Advantages:

• Offers a legal framework for resolving disputes.
• Provides a neutral and impartial forum for resolving disputes.
• Enforceable by law if a party fails to comply with the court’s decision.
• Provides a clear record of the dispute and its resolution.

Disadvantages:

• Can be expensive and time-consuming.
• Can be emotionally stressful and adversarial.
• Public nature of court proceedings can damage reputations.
• Limited flexibility in tailoring the solution to the parties’ specific needs.

In conclusion, the choice of dispute resolution method depends on various factors, including:

• The nature and complexity of the dispute.
• The relationship between the parties.
• The desired outcome.
• The available time and resources.

It is often recommended to first explore alternative dispute resolution methods such as negotiation and mediation before resorting to litigation. These methods can be more efficient, cost-effective, and less damaging to relationships than going to court.

The procedure of resolving civil disputes in Court

1. Determining jurisdiction: Identify the court with jurisdiction based on the defendant’s residence, asset location, or other factors.
2. Filing a lawsuit: Submit a petition, documents, and evidence to the competent court.
3. Paying court fees: The plaintiff must pay a court fee advance before the case proceeds.
4. Case assignment: The Chief Justice assigns a judge to handle the case.
5. Resolution process: The judge conducts hearings, evaluates evidence, and issues a decision.
6. Enforcement: The court’s decision is enforceable by the State’s system of judgment enforcement agencies.

Additional Notes:

• Negotiation and mediation are often preferred for their speed, flexibility, and ability to preserve relationships.
• Litigation is a more formal and structured process, but it offers the advantage of a binding legal decision.
• The choice of method depends on the nature of the dispute, the parties’ willingness to cooperate, and other factors.

The procedure of resolving civil disputes in Court

NT International Law Firm has addressed the question of what a civil dispute is and how to settle it. If you have any further questions or concerns regarding civil law, please contact our law firm immediately for expert legal advice.

If you require any legal assistance, please feel free to reach out to us via phone at 090 252 4567 or through email: info@ntpartnerlawfirm.com. At NT INTERNATIONAL LAW FIRM, our team is committed to offering you prompt and personalized advice.

You also might be interested in:

• The 2015 Civil Code in English
• The 2015 Civil Procedure Code in English