Legal problems and obstacles in mediation civil disputes before litigation

Abstract

Dispute resolution is a process of managing conflict in society. This conflict is the result of inconsistent attitudes, personal opinions and beliefs on various matters. Civil dispute mediation is the act of a mediator who is not a Judge or judiciary for giving the parties to have the opportunity to negotiate and settle a civil dispute peacefully and without arbitration and mediation of disputes in the execution class. However, such civil mediation still faces many legal problems and obstacles such as insufficient budget from the government. Problems with knowledge and skills of the mediators who are appointed, and there is no law that clearly defines the qualifications. There is a special law that the mechanism of mediation is not covered.

         The study found that pre-prosecution civil disputes are settled by mediators who are in government agencies that have appointed mediators, known as mediators mediate the dispute and if the mediation is successful, it will be made in writing of compromise agreeing under the law. Conciliators are at various levels, such as in the central government, provincial administration, the Office of the Court of Justice, the Office of the Attorney General of other government agencies as stipulated by the Ministry. The Ministry of Justice stipulated in the Ministerial Regulation acts similar to an arbitrator. The effect of this contract can be compromised to be enforceable in the execution stage when the court has given its ruling.

           Therefore, the relevant law should be amended, such as the Mediation Act B.E.2562 (A.D.2019) and other laws, should therefore be revised to be more appropriate sine the pre-filling of civil disputes between the Kingdom of Thailand and those of other countries are different. It has the main goal of resolving disputes that arise in order to reduce the number of lawsuits going to court. But there are still problems and obstacles in civil dispute mediation both outside the court and in the court, especially in the Kingdom of Thailand, which is found to be lacking as a whole: 1)Public Relations for the disputed person to enter the system provides more than the present and sees the benefit of mediation as being more beneficial than litigation. 2) Lack of budget for mediating compensation for personnel such as mediators and staff. 3) There are insufficient coordinators at the mediation center. 4)Also,the number of mediation location is limited.