Alternative Dispute Resolution, commonly referred to as ADR, refers to measures to help settle disputes outside the classical judicial system, i.e. without going to the state courts in Thailand. Mediation and arbitration are the most common forms of alternate dispute resolution.
Generally speaking Alternative Dispute Resolution is very attractive for a couple of reasons:
Alternative Dispute Resolution continues to play an increasingly important role in Thailand. It just might offer a faster and more predictable resolution than the local state courts. There is special legislation regarding ADR in Thailand, e.g. the Arbitration Act B.E.2530 (1987), the Arbitration Rules of Arbitration Institute, Ministry of Justice Conciliation Rules of Arbitration Institute, The Court of Justice Regulations Pertaining to Mediation of Financial Dispute of B.E. 2544 (2001), The Court of Justice Regulations Pertaining to Mediation of B.E. 2544(2001).
Mediation, roughly speaking, means settling a dispute by negotiation. Mediation can be attempted in almost all cases.
In arbitration, a dispute will be decided by an arbitrator or arbitral body agreed upon by the parties. The costs for arbitration might be considerable, but arbitration can still be highly advisable at least for corporate parties.
Some lawyers at Juslaws & Consult specialize in Arbitration, and others are skillful mediators. We believe that in the future Alternative Dispute Resolution will become an even more important alternative to state courts in Thailand. We have much expertise in drafting Alternative Dispute Resolution related contract clauses, and we can help you to decide if this is the appropriate dispute resolution mechanism for your case. Please feel free to contact Juslaws & Consult more information.