PROBLEMS OF PARTIES NOT ENTERING THE MEDIATION PROCESS IN FAMILY CASES

Abstract

Abstract

          The purpose of this research article was to study the problems of the parties not entering the mediation process in family cases. 1) the problem of domestic violence 2) Concepts and theories about the mediation process in family cases 3) Legal measures of foreign countries and Thailand 4) Data analysis. 5) Proposal to amend the law. This research was qualitative by researching from legal documents.

          The results showed that 1) The problem of family violence leading to problems in the family causing family members loose their relationship enabling the disputing parties to come to an agreement. 2) The mediator had expertise in the matter. 3) Legal Measures In the United Kingdom, courts will set litigation fees based on the behavior and efforts of the parties to settle disputes. 4) In Thailand, the court shall consider marital status taking into account the welfare and future of the child 5) Should propose amendments to the law for the parties to enter the mediation process Therefore, it is proposed to amend the Rules of the Executive Committee of the Court of Justice on Compromise Fees of Family Case B.E.2012 by considering the amount of funds, the number of parties, the number of times, the duration and the success of the mediation. However, each matter does not exceed 10,000 baht and Article 4/1 in the case which the parties enter the mediation process and have reached a compromise. The court shall return the proceedings as the court deems appropriate.