The Complete Guide to Dispute Mediation in Thailand
Dispute mediation is a method that allows the parties to find a peaceful solution to a conflict. However, mediation procedures and methods can be carried out either through government agencies or through institutions. In this article, THAC would like to take everyone to know how to file a dispute mediation request. both the form of mediation before suing and after suing Filing claims through government agencies and through arbitration institutions
Mediation is a process in which a neutral third party, the mediator, helps people with a dispute come to an agreement.
Arbitration is a process in which the parties to the dispute agree to abide by the decision of an impartial third party, such as a judge or arbitrator.
The mediator’s goal is to help people reach an agreement. The arbitrator’s goal is to make a decision that will be legally binding and enforceable.
Table of Contents
Dispute Mediation Form
Mediation Before Suing
This is the case where the disputing party decides to settle the dispute through mediation before bringing it into the litigation process. which is able to set up mediators on their own to carry out coordinating understanding including coming to mediation at court or online mediation which is to the Civil Procedure Code, Section 20 ter, however If it is a dispute related to the rights of the individual family rights or ownership of real estate will not be able to mediate
Mediation After The Lawsuit
for mediation after the lawsuit is the case when the dispute has entered the process of filing a lawsuit to the court and is currently on trial. Able to express their intention to the court to enter the mediation system. The parties have the status of a plaintiff or a defendant. in which a compromise will be established. mediate the dispute which may be a judge or a compromise at the court Once agreed, a compromise agreement will be drawn up in court and the court will issue a verdict as agreed by the parties. However, if the mediation is terminated but is ineffective, the parties may proceed with the proceedings.
Filing A Request For Mediation Before Filing A Lawsuit
For those who are interested in making a request Conciliation before filing a lawsuit can be done in two ways: filing a complaint with a competent court and agreeing to select a mediator from various institutions.
- Competent Court Filing: Petitions can be filed in person or by mail to a competent court or by scanning a QR Code through the CIOS system. The mediation center official will present to the judge to consider accepting the petition. and proceed to submit a request to participate in the mediation If they wish to mediate, they must respond within 15 days after submitting the request. There will be a date and method of mediation and the parties will come to the court. A mediator can be appointed to carry out mediation. In the event that a consensus is reached, a compromise agreement will be drawn up. In the event that a common conclusion cannot be reached The expiration date will be extended for an additional 60 days from the date the mediation ends.
- Agreed to select mediators from various institutions: is another way to seek mediation before filing a lawsuit In this way, it is agreed to search for mediators from various institutions. with expertise or experience in that dispute come to mediation The Institute will assist the disputing parties to find a way to settle the dispute peacefully and take care of the reconciliation contract. Suitable for settlement of disputes between organizations or businesses.
Choose A Mediator Who Is Qualified And Experienced With THAC.
THAC is pleased to provide alternative conciliation services outside the courts. both compromise mediation as well as arbitration If interested, they can submit a dispute resolution request to the institution. The offer can be made in both written and oral form. After that, THAC will check the offer by accepting the offer and a copy, along with notifying the deadline for making an answer to the parties. by having to answer Which, once accepted, will go into the process of appointing a mediator, THAC will summon the parties to a meeting to select a mediator, and determine the process by specifying the location and language. When it is done and can be agreed upon will prepare a compromise agreement and is considered the end of mediating the dispute. however, if a mutual conclusion cannot be reached may proceed to bring disputes to arbitration or to file a lawsuit in court
About Us
Thailand Arbitration Center (THAC) is an arbitration institution. and conciliation at the international level It has been in operation since 2015 with the aim of supporting and promoting the international arbitration system. and providing arbitration services that are independent and of international standards. with professional experience and expertise This ensures that users will receive the correct service quickly and THAC is located in the heart of the city. Make it comfortable to travel and have lower service rates It saves both time and money.
Company name: Thailand Arbitration Center (THAC)
Address: HEAD OFFICE THAC@Bhiraj Tower(26F) 689 Bhiraj Tower 26th floor
Sukhumvit Rd., Khlong Tan Nuea, Watthana Bangkok 10110, THAILAND
Mail info@thac.or.th
Tel +66(0)2018 1615
Website: https://thac.or.th/