Benefits To Public From Public Mediation Under The Dispute Resolution Act B.E. 2562

Abstract

        The purposes of this research are as follows: (1) to study the pubic mediation process in accordance with the Mediation Act B.E. 2562; (2) to study complications of the public mediation process and their causes and; (3) to seek enhanced approaches to gain additional benefits according to the laws and regulations on public mediation. As this is a qualitative research project, the researcher collected data from relevant documents including mediation laws, regulations, concepts and theories. Also, to gather additional facts and empirical data, the researcher conducted in-depth interviews with 18 monks and laypeople.

        The research finds that: (1) the head of the mediation working group should have a legal educational background; (2) if the head of the mediation working group does not have any legal educational background, there should be a legal expert attached to the mediation center; (3) there should be a clear and fixed time frame for deciding whether a dispute can be accepted for mediation or not; (4) the mediator should hold a bachelor’s degree; (5) the mediation center should have a legal expert to examine draft agreements before they are signed; (6) the statute of limitations for the enforcement of mediation agreements should be 10 years and; (7) courts should have authority to appoint a lawyer for any party who wishes to defend himself/herself during the process of enforcing the mediation agreement.

        In order to increase benefits to the public from mediation, this research recommends amendments to sections 10A, 30 and 32 of the Mediation Act B.E. 2562; to sections 14B, 23A, 42 (paragraph 1), 49 and 53 of the Regulation on the Right and Freedom Protection of the Public Mediation B.E. 2562; and to section 55 of the Civil Procedures Code.