Pre-Dispute Negotiation and Mediation Services

Protecting Legitimate Rights and Interests – Controlling Dispute Risks – Delivering Effective and Sustainable Solutions

In business operations and civil life, not every dispute needs to be resolved through court litigation or commercial arbitration. In practice, many disputes can be effectively settled through pre-litigation negotiation and mediation, helping parties save time and costs while preserving business relationships, family relationships, and other important social connections.

However, without an appropriate legal strategy from the outset, the negotiation process may place one party at a disadvantage, result in the loss of opportunities to protect legal rights and interests, or create additional legal risks during subsequent litigation or arbitration proceedings.

At DAI & PARTNERS, we provide pre-litigation negotiation and mediation services with a strategic, practical, and risk-control-oriented approach, assisting clients in resolving disputes effectively before initiating court proceedings or commercial arbitration.

When Should You Engage a Negotiation and Mediation Lawyer?

You should seek legal assistance when:

• A dispute arises regarding contracts, debts, payments, or property obligations

• A contractual breach occurs but the parties still wish to maintain their business relationship

• You need to negotiate compensation for damages or settlement solutions

• You receive a demand letter, notice of breach, or litigation notice

• Family and matrimonial disputes arise, such as divorce, division of marital assets, child custody, or alimony

• Inheritance disputes, estate distribution disputes, or disputes concerning the validity of wills arise

• Land, real estate, or property ownership disputes occur

• Shareholder disputes, member disputes, or internal corporate governance disputes arise

• Labor disputes arise between employers and employees

• Disputes involve investment, capital transfer, international commercial contracts, or cross-border transactions

• Disputes involve intellectual property, confidential information, corporate data, or unfair competition

• You wish to resolve disputes quickly, confidentially, and minimize impacts on reputation, business operations, or family relationships

• You require lawyers to represent you in negotiations with business partners, family members, or disputing parties

• You need an assessment of litigation prospects and an appropriate dispute resolution strategy

In many cases, adopting the right negotiation strategy from the beginning can help clients achieve optimal outcomes without undergoing lengthy and costly litigation proceedings.

PRE-LITIGATION NEGOTIATION & MEDIATION SERVICES AT DAI & PARTNERS

1. Legal Consultation and Dispute Risk Assessment

Before commencing negotiation or mediation, our lawyers assist clients in comprehensively evaluating the legal status and dispute resolution prospects.

DAI & PARTNERS provides support with:

• Reviewing contracts, transactions, case files, and relevant documents

• Assessing legal standing and litigation prospects if legal proceedings arise

• Identifying legal, financial, asset-related, and relational risks between parties

• Advising on negotiation strategies aligned with clients’ objectives

• Proposing practical and effective dispute resolution solutions

• Advising on damage mitigation and protection of personal or corporate reputation

• Assessing enforceability, debt recovery potential, and asset preservation measures

• Advising on confidentiality protection and legal risk management during negotiations

Early and accurate legal risk assessment enables clients to proactively manage negotiations and better protect their legal rights and interests.

2. Representation in Negotiation and Dispute Resolution

Our lawyers act as representatives or accompany clients during negotiations with business partners, customers, family members, or disputing parties.

We provide assistance with:

• Representing clients in negotiations involving contract disputes, debt recovery, and compensation claims

• Mediating family and matrimonial disputes, including divorce, division of marital property, child custody, and alimony

• Negotiating inheritance distribution and resolving disputes among heirs

• Assisting in resolving land, housing, and property disputes

• Representing clients in shareholder disputes, member disputes, and internal corporate conflicts

• Assisting in labor dispute negotiations between employers and employees

• Negotiating investment disputes, business cooperation disputes, and international commercial transactions

• Assisting in disputes involving intellectual property, trade secrets, and corporate data

• Drafting demand letters, response letters, and related legal documents

• Participating in meetings, negotiations, and mediation sessions

• Presenting clear, logical, and legally grounded legal arguments

• Managing legal risks arising during communications and negotiations

The participation of lawyers in negotiations enhances professionalism, reduces psychological pressure, and minimizes legal disadvantages for clients.

3. Drafting Settlement Agreements and Legal Documentation

In out-of-court dispute resolution, well-drafted settlement documents are critically important.

Our lawyers assist clients with:

• Drafting negotiation and mediation minutes

• Drafting dispute settlement agreements

• Drafting agreements on asset division, inheritance distribution, or financial obligations

• Structuring payment, compensation, and performance commitment clauses

• Drafting Non-Disclosure Agreements (NDA) and non-compete undertakings

• Reviewing legal validity and enforceability of settlement agreements

• Minimizing the risk of future disputes

All documents are prepared with clarity, legal precision, and enforceability to maximize the protection of clients’ legal rights and interests.

4. Litigation and Arbitration Strategy Preparation if Negotiation Fails

If negotiation or mediation does not achieve the desired outcome, clients must be fully prepared for the next stage of litigation or arbitration.

DAI & PARTNERS supports clients with:

• Assessing the feasibility of initiating court litigation or commercial arbitration

• Preparing statements of claim and supporting evidence

• Developing effective litigation and arbitration strategies

• Advising on interim emergency measures and asset protection solutions

• Assisting with evidence collection and enforcement assessment

• Representing clients in court proceedings and arbitration proceedings

Comprehensive preparation during the pre-litigation stage provides clients with significant advantages if disputes escalate into formal legal proceedings.

KEY AREAS OF NEGOTIATION & MEDIATION SERVICES

DAI & PARTNERS provides negotiation and mediation services across a wide range of civil, commercial, investment, and administrative matters in Vietnam.

1. Civil Disputes

• Civil contract disputes

• Loan agreement and debt disputes

• Deposit and asset transfer disputes

• Property recovery and payment obligation disputes

• Non-contractual damage compensation disputes

• Property ownership and usage rights disputes

• Disputes arising from invalid civil transactions

• Disputes relating to guarantees, pledges, and mortgages

• Service contract and authorization agreement disputes

2. Commercial and Business Disputes

• Sale and purchase agreement disputes

• Service agreement disputes

• International commercial contract disputes

• Debt collection, payment, and receivable recovery disputes

• Agency, distribution, and franchise disputes

• Logistics, transportation, and cargo delivery disputes

• Construction and project execution disputes

• Business cooperation contract (BCC) disputes

• Shareholder and company member disputes

• Capital contribution and share transfer disputes

• Internal corporate governance disputes

• Domestic and foreign investment (FDI) disputes

• E-commerce and online transaction disputes

• Manufacturing, distribution, and supply chain disputes

3. Land and Real Estate Disputes

• Land use rights disputes

• Housing and land-attached asset disputes

• Land use rights transfer disputes

• Real estate sale, lease, and lease-purchase disputes

• Boundary disputes, shared access disputes, and adjacent property rights disputes

• Inheritance disputes involving land use rights and housing

• Land recovery, compensation, support, and resettlement disputes

• Real estate project and property deposit agreement disputes

4. Marriage and Family Disputes

• Unilateral and mutual-consent divorce proceedings

• Marital property division disputes

• Financial obligation and marital debt disputes

• Child custody disputes

• Child support disputes

• Parentage determination disputes

• Marital property agreement consultation and settlement

• Cross-border post-divorce property disputes

5. Inheritance Disputes

• Estate distribution disputes

• Will validity disputes

• Statutory heir determination disputes

• Estate management and disposition disputes

• Inheritance disputes involving land, housing, and other assets

• Requests for recognition or denial of inheritance rights

6. Labor and Employment Disputes

• Labor disciplinary disputes

• Employment termination disputes

• Dismissal and unilateral termination disputes

• Salary, bonus, and employee benefit disputes

• Social insurance, health insurance, and unemployment insurance disputes

• Employment-related compensation disputes

• Workplace accident and occupational disease disputes

• Collective labor agreement and internal labor regulation disputes

• Representation of employers and employees in labor negotiation, mediation, and litigation

• Legal advice on labor disciplinary measures and labor dispute resolution strategies

7. Intellectual Property, Technology & Competition Disputes

• Copyright and related rights disputes

• Trademark, trade name, and geographical indication disputes

• Patent, industrial design, and trade secret disputes

• Technology transfer agreement disputes

• Franchise disputes

• Intellectual property disputes in digital environments

• Unfair competition disputes

• Intellectual property infringement disputes

• Corporate data protection and information confidentiality disputes

• NDA and non-compete agreement disputes

8. Finance, Banking & Insurance Disputes

• Credit agreement disputes

• Commercial loan and payment obligation disputes

• Secured transaction, mortgage, and pledge disputes

• Bank guarantee and Letter of Credit (L/C) disputes

• Financial, banking, and investment disputes

• Life insurance, non-life insurance, and cargo insurance disputes

• Insurance compensation disputes

• Financial service and electronic payment disputes

9. Investment, International Trade & Cross-Border Transactions

• Domestic and foreign investment disputes

• Investment cooperation and joint venture disputes

• Investor-company disputes

• Capital transfer, share transfer, and corporate management disputes

• International trade and international sale of goods disputes

• International logistics, transportation, and supply chain disputes

• Import-export, customs, and international payment disputes

• Cross-border transaction and international contract performance disputes

• E-commerce and online transaction disputes

• Digital platform, electronic data, and technology transaction disputes

10. Construction, Manufacturing, Commercial & Supply Chain Disputes

• Construction contract disputes

• Project delay, construction quality, and project settlement disputes

• EPC, main contractor, and subcontractor disputes

• Manufacturing, processing, and goods supply disputes

• Commercial agency and product distribution disputes

• Supply chain and logistics disputes

• Delivery, payment, and warranty obligation disputes

• Compensation disputes arising from commercial and manufacturing activities

11. Other Civil Matters (Non-Litigation Proceedings)

• Recognition of mutual-consent divorce and agreements on child custody and property division

• Recognition of successful out-of-court mediation results

• Recognition of agreements between parties

• Requests to declare a person missing or deceased

• Requests concerning limitation or loss of civil legal capacity

• Requests for change of guardianship or establishment of guardianship rights

• Parentage determination requests

• Recognition and enforcement of foreign court judgments and decisions

• Recognition and enforcement of foreign arbitral awards in Vietnam

• Requests to set aside commercial arbitral awards

• Bankruptcy petitions for enterprises and cooperatives

• Requests for interim emergency measures

• Requests to invalidate or revoke notarized documents

• Requests to establish ownership and usage rights over assets

• Requests for registration, amendment, or cancellation of secured transactions

• Civil judgment enforcement and enforcement coercion matters

12. Administrative Litigation and Administrative Disputes

• Administrative decision lawsuits

• Lawsuits against unlawful administrative acts

• Administrative sanction disputes

• Land administration and land recovery disputes

• Compensation, support, and resettlement complaints

• Tax, customs, and market management disputes

• Business license, business condition, and administrative procedure disputes

• Administrative enforcement decision disputes

• Construction, planning, and housing administration disputes

• Representation before competent state authorities and administrative courts

Why Choose DAI & PARTNERS?

• Experienced lawyers in negotiation, mediation, litigation, and dispute resolution

• Strategic dispute resolution mindset with strong legal risk management capabilities

• Effective combination of legal expertise, negotiation skills, and conflict resolution strategies

• Practical and result-oriented legal solutions tailored to clients’ objectives

• Comprehensive support from the pre-litigation stage until final dispute resolution

• Effective integration of negotiation, mediation, litigation, and arbitration strategies where necessary

• Strict confidentiality and maximum protection of clients’ legitimate rights and interests

In many disputes, pre-litigation negotiation and mediation not only save time and costs but also create opportunities to resolve matters in a more flexible, confidential, and efficient manner compared to traditional litigation proceedings.