Civil Case Mediation before the Prosecution in Court of Justice

Abstract

This article aims to study whether the President of the Supreme Court’s regulations on mediation B.E. 2554 (2011) enforceable for the mediation during court proceedings are introduced inclusively and suitably for the civil case mediation before the prosecution in court of justice. These regulations are compared to the ministerial regulations on civil dispute resolution B.E. 2553 (2010) for the dispute resolution before the prosecution by the district mediation committee. This is to apply both cases of mediation processes as a guideline for amending the Supreme Court’s regulations on mediation B.E. 2554 to ensure these regulations are applicable to the case mediation before the prosecution in court of justice.

The study found that the Supreme Court’s regulations on mediation B.E. 2554 enforceable for the mediation during court proceedings failed to refer and include the case mediation processes before the prosecution in court of justice.

To the most effective civil case mediation before the prosecution, the author suggests that the Supreme Court’s regulations on mediation B.E. 2554 should be amended by adding the regulations on mediation to ensure the Supreme Court’s regulations relevant to the case mediation processes during court proceedings are applicable before the prosecution of civil case. Furthermore, the amendment of the Supreme Court President’s regulations on mediation B.E. 2554 should follow the guideline from the ministerial regulations on civil dispute resolution B.E. 2553 which are the regulations for the mediation before the prosecution by the district mediation committee.