Guidelines for the Development of Dispute Mediation in Administrative Courts: A study of Environmental Pollution Cases

Abstract

This research consists purposes were 1. to study concepts theories and principles related to the development of dispute mediation in administrative courts, a case study of environmental pollution cases 2. to study laws related to the development of dispute mediation in administrative courts, a case study of environmental pollution cases in Thai and foreign courts 3. to analyze the development of dispute mediation in administrative courts, a case study of environmental pollution cases and 4. to recommend appropriate legal guidelines for the development of dispute mediation in administrative courts, a case study of environmental pollution cases. This qualitative research conducted through documentary research by reviewing literature from textbooks, documents, research reports, conferences, seminars, theses and academic articles. The information collected from the relevant documents is then analyzed using content analysis. The study found that 1) Dispute mediation is a type of peaceful settlement. It is a process in which parties seek to resolve their disputes together. Dispute resolution requires the participation of a mediator or third party to resolve the dispute, which is acceptable to both parties 2) Mediation in administrative cases is based on the laws of the French Republic and the Federal Republic of Germany. And Japan found that every country has legal provisions that allow outsiders or specialists to act as mediators in administrative disputes 3) The environmental pollution problem in Thailand has become more severe and has led to legal disputes because 3.1) there is no provision specifying the qualifications and roles of outside mediators, even though environmental cases require experts 3.2) there are no compensation criteria for outside mediators 3.3) the types of cases that enter mediation and 4) The researcher proposes amending the Administrative Court Act and Administrative Court Procedure (No. 12) B.E. 2019 and related regulations to allow experts to play a role, determine appropriate compensation, and expand the types of environmental cases that can enter the mediation process directly.