GUIDLINES FOR FORMULATING A MODEL LAW ON LOCAL DISPUTES MEDIATION

Abstract

          The objectives of this research article were: to 1) Study the evolution of concepts and theories related to local dispute mediation, 2) the compare of legal measures for dispute resolution in foreign countries and Thailand, and 3) the suggest ways for amendments to Thai laws related to Local dispute mediation. This research was a qualitative research use interviews and group discussions by choose specific examples that divided into 5 groups such as: 1) Scholars, 2) Community Leader, 3) Prosecutor, 4) Investigation Officer and 5) Administrative Officer from 11 persons. By using content analysis and summarizing as an overview. The research found that: 1) the concepts and theories related to local dispute mediation are: 1.1) dispute mediation, 1.2) community justice, 1.3) reconciliation justice, 1.4) Buddhist dispute mediation with the god system, 1.5) legal dispute mediation UNCITRAL Template Act 2002, 1.6) dispute mediation and conflict resolution, 1.7) local government, 1.8) decentralization, and 1.9) Authority of the Local Administrative Organization. 2) Comparing the form of local dispute mediation laws is different depending on the suitability of the social condition. Mediation of local disputes to facilitate fairness and reduce the burden of the courts. 3) The guidelines for amendment of the law are the regulations or regulations governing local dispute mediation by establishing a prototype law on the resolution of local disputes in the criminal or petty offences pursuant to Section 390 through Section 395 and Section 397 to mediate disputes agreed by the parties.