Mediation In
Non Sila, Khon Kaen

Legal Framework

Mediation in Thailand follows the Civil Procedure Code (CPC) and the Act Amending the Civil Procedure Code (No. 32) B.E. 2563 (2020), which was published in the Government Gazette on 8 September 2020 and took effect from 7 November 2020. The amendments allow parties to submit a matter for court supervised mediation prior to actual filing of the case. The Thai court is empowered by the Civil Procedure Code to order court annexed mediation in civil matters where it deems it appropriate or with consent of the parties. The Alternative Dispute Resolution Office (ADRO) of the Office of the Judiciary operates the Thai Mediation Centre, which is responsible for conducting and coordinating both court annexed and out-of-court mediation. The Thai Mediation Centre develops methods, systems, and standards for mediation. Legislative reforms such as the Dispute Mediation Act and expanded court annexed mediation have strengthened non-litigious options.

While Thailand operates under this legal framework, The Olive Branch's remote mediators bypass local court backlogs by providing swift, confidential, and mutually agreed-upon resolutions online.

Court System

Thai courts strongly encourage resolution of disputes by peaceful and non-adversarial means wherever practicable, reflecting Thai culture. Judges will commonly order parties to attempt to reach amicable settlement before any formal and detailed hearing of issues in dispute is begun. The court annexed mediation process is confidential and designed to bring parties together in more informal and non-adversarial way. The practice is available at appellate level in certain courts, most notably the Family, Labour, and IP and IT courts. Prior to filing a complaint, one of the parties in dispute may petition the appropriate court to appoint a mediator to resolve dispute. If petition is accepted and opposing party consents to mediation, court will bring parties together and appoint mediator. If mediation yields successful settlement, court will consider agreement and—assuming it is fair, made in good faith, and in accordance with law and parties' will—allow parties to sign settlement agreement. Parties may also request that court issue a judgment in accordance with agreement. If mediation is unsuccessful, any limitation period that was either barred after submission of petition or will be barred soon will be extended for 60 days from end of mediation.

Mediator Regulations

The Thai Mediation Centre under the Alternative Dispute Resolution Office provides mediators for both court annexed and out-of-court mediation. Parties can agree on a mediator from the Mediation Centre's approved list of mediators. The ADRO can designate a new mediator if there is conflict of interest between parties. The mediator must proceed adhering to principles of neutral evaluation, impartiality, fairness, and independence combined with parties' wishes. The mediator may not impose a settlement. Existing provisions of the CPC and regulations of the Supreme Court regarding powers and duties of mediator and confidentiality of court supervised mediation—including regulations prohibiting parties from disclosing information in subsequent arbitration or court proceedings—still apply under the new act. The Alternative Dispute Resolution Office further develops the methods, systems, and standards for mediation.

Cultural Approach

Thai courts, their culture being grounded in that of the wider Thai culture, strongly encourage practice of resolution of disputes by peaceful and non-adversarial means wherever practicable. The Thai mediation system is designed to ensure satisfactory settlements where no parties are ultimately deemed winners or losers. Mediation results in harmony as people proactively participate in process of dispute settlement. The cultural preference for harmony and maintaining relationships supports mediation adoption. Traditional Thai values emphasise compromise and settlement through dialogue. However, out-of-court mediation is still uncommon compared to western jurisdictions, though it is gradually becoming more common in Thailand as benefits of what a skilled mediator can achieve become more widely recognised. The combination of traditional values with modern legal framework provides strong foundation for mediation development.

Typical Costs

The mediation processes introduced by the new Civil Procedure Code amendments are not subject to any court fees. Out-of-court mediation through the Thai Mediation Centre follows the rules of the Judiciary Out-of-Court Mediation. Costs are typically shared between parties unless otherwise agreed. The Alternative Dispute Resolution Office offers the public legal advice on conciliation and mediation. The cost savings compared to litigation are significant, and mediation saves the court system a lot of time and money by reducing its workload. Private mediation through institutions like THAC and TAI charges fees based on case complexity and mediator expertise. The emphasis on efficiency and reducing court backlog encourages timely dispute resolution.