THE PATTERNS AND PROCESSES OF THE SEVEN ADHIKARAṆASAMATHA FOR APPLYING TO FAMILY DISPUTES RESOLUTION WITH OUT OF COURT MEDIATION

Abstract

Background and Objectives:  Dispute resolution derived from conflicts in the present day can be settled in many methods depending on the appropriateness of each dispute in each case. The researcher has an interest in mediation by an intermediary to be used for family dispute resolution. This is one of the methods for resolving conflict that leads to the parties' mutual satisfaction by helping the litigants look for approaches, reconcile differences, and find guidelines and agreements that the parties mutually accept. If the method is applied to Buddhist principles, it will resolve family disputes to be executively successful. The objectives of this article are to study the problems of family disputes resolution with out of court mediation in the Kingdom of Thailand, study the seven Adhikaraṇasamatha appearing in the Theravada Buddhist scriptures, and adapt patterns and processes from the seven Adhikaraṇasamatha for applying to family disputes resolution with appropriate out of court mediation in the Kingdom of Thailand.

Methodology: The study employed a qualitative research method by collecting data from related documents and in-depth interviews. 

Main Results: The research results indicated: 1) The problems of family disputes resolution with out of court mediation consisted of Central legislation to support the exercise of rights of the litigants; The litigant aspect, factors relating to the plaintiff/defendant that hindered the accomplishment of agreement on the negotiation in the dispute resolution; Qualifications for recruitment, selection, the appointment of mediators or conciliator; and Mandatory measures under the dispute resolution agreement; 2) The study of The seven Adhikaraṇasamatha appearing in the Theravada Buddhist scriptures included Sammukhā Vinaya, the settlement in a complete meeting; Sati Vinaya, the settlement by acknowledging that the Arahant was mindful; Amūḷhavinaya, the settlement by giving benefits of insanity; Patiññāta karaṇa, the settlement by truthful confession; Yebhuyyasika, the settlement by majority rule; Tassapāpiyasika, the settlement by punishment; and Tiṇavatthārakavinaya, the settlement by covering such issue as covering over as with grass; 3) The adaptation of patterns and processes in the seven Adhikaraṇasamatha for applying to family disputes resolution with appropriate out of court mediation in the Kingdom of Thailand clarified understanding in the context of the problem, which made the mediation perform efficiently.

Involvement to Buddhadhamma: This research article is involved in Applied Buddhism within the group of Buddhism for social benefits. The adaptation of patterns and processes in the seven Adhikaraṇasamatha for applying to family disputes resolution has adopted the seven Adhikaraṇasamatha to mediate in which comprising of Sammukhā Vinaya, bringing the litigants for discussion, Sati Vinaya, pulling mindfulness to reduce attachment, Amūḷhavinaya, not causing harm to others, Patiññāta karaṇa, the practice within the framework of righteousness, Yebhuyyasika, the participation in consideration or meeting, Tassapāpiyasika, the method of guiding the right way of thinking, and Tiṇavatthāraka, the conflict management by trusting in principle based on reason.

Conclusions: The seven Adhikaraṇasamatha included contributing factors to the settlement of conflicts. Mediation by an intermediary was one of many methods to resolve disputes that led to the mutual satisfaction of the litigants by helping the litigants look for methods to coordinate differences to find guidelines and agreements mutually agreed upon by the litigants. The adaptation of the patterns and processes in the seven Adhikaraṇasamatha for applying to the settlement of family disputes with out of court mediation allowed the practitioners to treat others with respect for the rights and conditions of others' limitations. It concluded in a direction that favored individual limits and conditions by letting go of one's views, avoiding quarrels, and building united reconciliation.