An Analysis of Issues of the Dispute Resolution Act B.E. 2562

Abstract

Mediation is a type of alternative dispute settlement that requires a third party to help, facilitate, and guide the disputed parties without authority to make a decision. Mediation has been used as a tool to decrease number of cases filed in courts. Even though mediation has been recognized in Thailand for a long time, the first law regarding mediation was just enacted in 2019, namely, the Dispute Resolution Act B.E. 2562. However, there are considerable issues of the Act, such as an issue concerning organizations which can manage mediation sessions are limited to government agencies only. Although there are citizens’ mediation centers under the Act, the centers will still be under the supervision of a state agency, and it is to be observed whether the citizens’ mediation centers will be practical or not. The second issue is about the qualification of mediators which is different from one state agency to another. Moreover, there is an issue concerning the expansion of limitation which should be considered how it will significantly affect mediation under the Act and how the effect differs from the interruption of prescription. Nevertheless, setting aside the practical enforcement of the Dispute Resolution Act B.E. 2562, it is crucial for the government to systematize all of the laws and regulations concerning mediation in order to reduce confusion. Moreover, the government should provide the information and knowledge about mediation to the public and seriously support citizen participation.