Question 3: In a divorce case, is the procedure for grassroots – level conciliation at the locality in which one of the spouses is living mandatory prior to filing divorce? Why?

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The grassroots – level conciliation at the locality refers to the act of conciliating at the grassroots level (hamlet, village, commune, group, quarter, city blocks and other residential communities[1]). In divorce cases, the grassroots conciliation is when a mediator instructs and helps both spouses reach an agreement, and voluntarily deals with conflict, dispute, and breaches of the law by themselves in order to maintain their marriage relationship[2]. Therefore, the grassroots conciliation carries an inordinate weight, bonding broken relationships, handling disputes and conflicts between a wife and husband in order to secure the rights, and interests of both spouses, and children as a marital relationship is the key point to keep a family happy and intact. However, according to the Law on Marriage and Family 2014, the grassroots conciliation is the optional procedure which is recommended to be carried out[3]. It is no longer a mandatory procedure, if a spouse does not want to have the grassroots conciliation, then he or she shall proceed filling divorce at the competent Court. In this circumstance, conciliation is an obligatory procedure that must be conducted in a divorce case. The Court will take responsibility to concile with the purpose of bonding a marital relationship and continue to settle the divorce only if the conciliation fails.

Thus, the grassroots – level conciliation at the locality where the spouses reside is only an encouraging measure of the State in a divorce case. Depending on the aspiration and circumstances of the spouses in order to conduct or not conduct this practice of mediation.


[1] Article 2.2 of the Law on Grassroot Mediation 2013.

[2] Article 2.1 of the Law on Grassroot Mediation 2013.

[3] Article 52 of the Law on Marriage and Family 2014.

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