Laws on Public Mediation

Abstract

The Mediation Act B.E. 2562 (2019) sets out the essence of the nature of disputes that can be reconciled as well as qualifications, appointment, performance and ethics of the mediator, preparation of memorandum of agreement and the result of dispute resolution. The mediation is divided into two types according to the agencies that are responsible for mediation, the mediation by government agencies and by the Mediation Centers (Public) (established under the Mediation Act B.E. 2562 (2019)). The purpose of this article is to study the problems of public-engaging mediation. It is found that there are still many legal issues relating to public-engaging mediation such as 1) the problem of the establishment and operation of the Mediation Center (Public) 2) the problem of the qualifications of the person who acts as the mediator 3) the problems relating to the nature and extent of the dispute under the jurisdiction of the Mediation Centers (Public) and 4) problems relating to dispute settlement agreements by the public sector and the legality of enforcement of any conditions imposed but not met. There is a recommendation that the details of this Act should be amended and developed to address these issues, to eliminate various problems and obstacles, resulting in the truly effective resolution of the public-engaging mediation.