On 30th November 2017 at Magna Carta Law Office, The Kleshas Defence College, class 17, was discussing and sharing experiences from being involved and travelling to the Buddhist dharma pilgrim in India, and to be guided in the use of principles to aid the Precept, Concentrate, Wisdom to... Read more
What is Mediation?
Mediation is a form of dispute resolution facilitated by a neutral third person, called the Mediator. This person assists the disputing parties in finding mutually acceptable solutions. It gives the parties the opportunity to discuss and clear their issues and find areas of agreement. If the parties reach an amicable solution, they may enter into a binding and enforceable compromise agreement.
Who can act as a Mediator?
The mediator is the neutral third person whom the parties agree to help facilitate their negotiation to meet an amicable solution. He facilitates the negotiation process without deciding on the issue as the outcome rests solely on the decision of the disputing parties. A lay qualified person may act as the mediator In the court-annexed mediation.
What are the types of Mediation in Thailand?
Out-of-Court – Pre-litigation dispute mediation. Even though a plaint has been filed and the dispute is during the litigation process, the disputing parties can also agree to carry out the mediation without any court involvement.
Court-Annexed – conducted while the cases are still pending in court. It is a dispute resolution mechanism that can enable a convenient, speedy and efficient settlement. The disputing parties may meet a mutually satisfactory settlement in which there is no loser or winner from the outcome. Both parties can emerge as the winner with a win-win solution that can keep their long-term relationship. The compromise agreement can state the outcome of the Court-Annexed Mediation. This agreement acts as the court’s order. In case there is any party who fails to comply with this agreement, the other party can start the legal execution process immediately.
What are the advantages of Mediation in Thailand?
In some circumstances, parties may prefer mediation than filing a lawsuit. It provides many significant advantages, including the following:
- Greater Control and Flexibility. The parties are in control of the negotiation process. They have a greater flexibility in attaining a solution suitable for the parties’ needs.
- Preserves relationship between the disputing parties. It can help keep business and personal relationships, that would likely destroy through years of litigation. Because it isn’t naturally a win/lose process and it is a mutual, rather than oppositional process, it can often save important relationships.
- Mediation is normally confidential. The parties usually agree to the confidentiality of the process. They agree not to use the information that is known to them during the process for other purposes such as in the litigation. They cannot disclose any evidence used during mediation.
- Minimizing appeal cases. It normally results to settling the disputes which, in effect, reduces the number of appeal cases.
- Compliance with an enforceable settlement agreement is generally higher than with lawsuits.
What kinds of disputes are suitable for Mediation in Thailand?
- Civil and commercial disputes. This includes consumer cases such as loan, buy and sell, mortgage, revoked transaction, hire of work, tort, breach of contract, etc.
- Compoundable criminal disputes such as embezzlement, fraud, defraud creditor, libel, etc.
- Other disputes which can go through mediation or a criminal case that civilian is a complainant, such as careless driving, battery, forgery, theft, receiving stolen property, etc.
Reference: Mediation Center of Court (Pattaya Provincial Court)