Environmental Mediation in Vietnam: A Lesson from Japan Legal Approaches

Alternative dispute resolution (ADR) has emerged as a prominent method for resolving disputes outside the traditional court system. The ADR methods generally include negotiation, mediation, arbitration, and sometimes also conciliation. In recent years, ADR has gained significant recognition as an effective approach for resolving environmental disputes on a global scale. However, the legal frameworks governing ADR vary across countries due to contextual differences and diverse mechanisms. This article aims to undertake a comparative examination of the legal regulations governing Vietnamese out-of-court mediation and their Japanese counterparts, with a specific focus on environmental disputes. Drawing insights from Japan's successful achievements in environmental mediation, the authors propose prominent solutions customized to Vietnam's unique legal system. This paper provides a more comprehensive understanding of legal approaches to environmental mediation, thereby set forth practical recommendations for enhancing Vietnam's ADR framework, exclusively environmental dispute.