MEDIATION AS A LEGAL TOOL FOR RESTORATIVE JUSTICE FOR THE THAI PEOPLE

Abstract

        This academic article aims to present the mediation process as a legal tool for restorative justice for the Thai people through a content synthesis method. The four steps of mediation are: 1) Receiving a request for mediation before filing a lawsuit. Those eligible to file a request for mediation before filing a lawsuit include individuals, juristic persons, and attorneys. Pre-litigation mediation requests can be filed in person, by mail or e-mail, or by courier to the court with jurisdiction, or through the online court service system. 2) Appointing a mediator. After receiving the request, a mediator will be appointed in accordance with the Ministry of Justice Regulations on the Appointment of Mediators B.E. 2562. Qualifications of a mediator include a natural person of Thai nationality, a person of legal age, a domicile or residence in the area where the registration of a civil mediation center will be requested, and an administrative team for the civil mediation center will be established. 3) Conducting the mediation process by contacting and coordinating the parties to participate in the mediation. The parties may voluntarily participate in the mediation if they reach an agreement. The parties must sign the agreement or contract. The parties have the right to withdraw from the mediation. 4) The mediation ends when the parties agree to resolve the dispute by withdrawing the petition or requesting the court to issue a judgment according to the agreement or compromise contract. Report the results and organize activities at the end of the mediation by sending the report to the local rights and liberties protection officer. Activities related to the mediation are organized at the end of the mediation, such as proactive public relations, using community organization forums, and organizing projects related to legal education for the public.