The Use of Mediation in Civil Cases

Abstract

This research consists purposes were 1. to study the background, concepts, and theories of civil mediation in courts of first instance 2. to study legal measures for mediation of civil cases in courts of first instance according to Thai and foreign laws 3. to analyze problems in mediation of civil cases in courts of first instance, and 4. to suggest solutions to legal measures for mediating civil cases in the Court of First Instance. It is qualitative research. Study from legal textbooks, websites, Thai and foreign legal texts. By analyzing the obtained data in terms of content. The results of the research found that 1) the requirements of the President of the Supreme Court Concerning Mediation 2011 (1) Article 27 states that it is the mediator's discretion to allow the parties to present or exchange facts and proposals for resolving the dispute. To the mediator or to the other party, or not. There is also no legal measure specifying conditions forcing the litigants to comply in any way. (2) Article 51 (2) Specifies the qualifications of the mediator to be a graduate of not less than a bachelor's degree in any field. (3) Article 7 Paragraph two does not specifically specify the nature or type of cases that require pre-trial mediation 2) Laws regarding mediation of civil cases in the courts of first instance in Singapore and the United States. (Federal Court District of Columbia) (1) Requires that, before entering into mediation, parties submit evidence and proposals for resolving the dispute to the mediator and the other party. If this is not complied with, there is a law that stipulates the conditions. (2) The qualifications for mediators in civil cases must be those with legal knowledge. (3) The nature or type of cases that require mediation before trial is specified specifically 3) Requirements of the President of the Supreme Court Regarding mediation 2011, there are still problems in the matter of (1) before mediation, the parties do not propose or exchange facts and proposals for resolving the dispute with the mediator or the other party. There is also no legal measure specifying the conditions that the parties must comply with in any way. (2) There is no prescribing the qualifications of a mediator to be someone with legal knowledge. (3) There is no specifying the nature or type of case that requires mediation first and 4) the researcher therefore suggests amendments and additions. Requirements of the President of the Supreme Court Concerning mediation, B.E. 2011, to: (1) allow the parties to present or exchange facts and proposals for resolving the dispute to the mediator or the other party; and to have legal measures to establish conditions forcing parties to present or exchange facts and proposals for resolving disputes to the conciliator and the other party (2) to specify the qualifications of the conciliator to be a person with legal knowledge (3) ) Specify the nature or type of case that requires pre-trial mediation. This will allow the parties to be able to resolve disputes. and cases in court proceedings can be settled with convenience and speed.