Mediation prior to court proceedings can save time and effort for both the plaintiff and the defendant. The Mediation System has been used by other countries around the world as an Alternative dispute resolution (ADR) process including arbitration. It has become well established in the Thai judiciary. In 2000, Thailand's Office of the Judiciary established the Thai Mediation Center (TMC) to promote dispute resolution as a means of settling conflicts and to help develop the professional skills of Thai mediators. The Center has worked closely with the courts in Thailand in creating a system that diverts cases from the courts to mediation, and in developing regulations to govern the process.
Mediation is especially popular in resolving smaller claims, as the cost of litigating a small case could in fact be larger than damages eventually awarded by a court. Parties in a mediation process typically experience only minimal costs.
In Thailand, before the mediation begins, the parties involved in the dispute must agree on the terms and conditions of the mediation, including keeping all information confidential. In the process, the parties are assisted, by the mediator, in arriving at a mutually-agreeable solution to their dispute. Any agreement reached must specifically address the actions required of both parties and must be binding.
Thailand and other countries around the world have seen a major upsurge in the past several years in the use of mediation to resolve disputes. An increasingly wide variety of businesses and other organizations have embraced ADR practices whenever feasible.
If one of the parties to the mediation agreement fails to comply with the terms and conditions that were set out and agreed on in the process, the other party can ask that the courts enforce the agreement.
Juslaws & Consult provides guidance on the most effective and efficient methods for resolving business disputes, with mediation playing a crucial role in conflict resolution. Our attorneys, who specialize in alternative dispute resolution, boast a strong track record of assisting clients in achieving favorable resolutions to a wide range of business disputes.
Juslaws & Consult acknowledges that litigation is a potential outcome for clients embroiled in disputes. However, we consistently advise our clients that the most appropriate method for resolving a conflict may not always involve court action. Beyond mediation, the Juslaws & Consult ADR team in Thailand also provides arbitration, negotiation, and mini-trial options when suitable. We invite you to contact Juslaws & Consult for further details.
Juslaws & Consult highly recommends these mechanisms as they offer out-of-court resolutions for conflicts, making them accessible to businesses of all sizes and from all countries operating in Thailand. This approach is particularly advantageous for foreign investors, offering them an internationally recognized method for dispute resolution without the need to navigate an unfamiliar legal system.
