Guidelines for promotion and development of mediation process according to the Mediation Act, B.E. 2562

Abstract

          This research paper is part of the project “Studying the situation and evaluating the success of Thailand's current mediation measures” which aims to know the situation, problems, obstacles and related action results, to review the theories, laws, regulations, practices and measures related to the mediation of disputes in the pre-trial court, especially the mediation of disputes under the Mediation Act B.E. 2562 and to analyze and suggest guidelines for promoting and developing the mediation process in Thailand. The methodology is both quantitative and qualitative research methods.

          From the research study, it was found that factors that make mediation successful must start from; 1. Creating awareness among people, building confidence and acceptance in the mediation process, and promoting and developing mediators with knowledge and abilities until they are accepted by the people.  2. Accelerating the process of mediating criminal disputes at the level of investigators that are still less mobilized by formulating concrete, strategies, policies, and plans for implementation. Improving and developing the process of mediating criminal disputes at the level of the investigating officers to facilitate their performance at the investigative level. 3. Developing the mediation process of the Public-Engaging Mediation Center by improving the law to have a process to assist the parties in the legal process in case of non-compliance with the dispute settlement memorandum.  4. Establishing a mechanism for integration among agencies that have mediation actions under their own specific laws. And 5. Improving the law to shift from alternative justice being the first way of justice and the way of salvation by requiring parties to use mediation before bringing the dispute to arbitration or court.