The The Use of the Restorative Justice Process to Settle Disputes Prior to the lawsuit in Bangkok

Abstract

The research aimed to analyze the procedures according to the authority framework of the mediation of disputes court trial by the restorative justice process in Bangkok and to analyze and propose appropriate management styles for the mediation of disputes court trial by the restorative justice process in Bangkok. Qualitative research was employed using in-depth interviews with 21 specific key informants: executives, operation officers responsible for the mediation of disputes, and people who used the services. The connoisseurship was also used with a group of 15 experts involved in the restorative justice process of law enforcement agencies.

          The results revealed that 1) the analysis of the procedures based on the authority framework with the summarization of the results of previous procedures and occurring problems was divided into six issues, namely general information related to the public-sector dispute mediation center in Bangkok, bringing disputes into the mediation, designation process of mediators, the procedure of mediation, determining the pattern of conciliation, and monitoring the procedure of the conciliation agreement. Overall, the procedures were on track as prescribed by law. However, there were redundant implementation processes, and the main problem was a lack of knowledge, skills, and ability of mediators in the mediation process of the public-sector dispute mediation center. 2) Analysis and proposition of appropriate management styles were divided into five issues: planning, public relations, coordinating with community justice networks, controlling, and procurement of resources in management. The recommendations for analyzing procedures and management according to the authority framework are divided into three issues: the first issue is the problem in the mediation of disputes consisting of the problems from the law, the structures of government agencies that are inappropriate to the procedures, and the strategies for establishing a mediation center. The second point is the problem of management, human resource development, and budget problems. The last issue is the problem of confidence in public-sector dispute mediation. The recommendations are proposed to solve problems using an information technology platform called ‘i – Mediations’ to manage the public-sector dispute mediation in Bangkok.