The term “Mediation” is legally defined as a settlement of a dispute or controversy by setting up an independent person between two contending parties in order to aid them in the settlement of their disagreement.
Mediation – Recommended First Step in Dispute Resolution
If you happen to find yourself in a legal dispute, which in your opinion does not necessarily require involvement of the court, you may resort to mediation. Mediation has become a popular form of Alternative Dispute Resolution in recent times, especially for small claims cases where legal costs may be higher than the award. Mediation has also become very common in Thailand for resolving contract and civil damage cases as well as domestic relations disputes.
Another form of Alternative Dispute Resolution is arbitration. Unlike mediation, arbitration involves the presence of a selected third-party, an arbiter, that renders a legally-binding resolution after hearing the case and as such does not aim to help both parties reach a mutually-acceptable agreement as mediators do.
The Role of Mediator
The Mediator plays an important role in the mediation process. In addition to maintaining peace between the mediating parties, the mediator assists the participants in exploring solutions that would be of mutual benefit to all parties. An agreement is generally reached between parties after mediation wherein the agreement must specify all the terms and conditions which the parties must fulfill once the mediation has come to a conclusion. If a party fails to comply with the agreement, the other party may take the matter to court for enforcement of the mediation agreement.
Due to the increasing number of lawsuits, Thailand court officials are now encouraging mediation as the first step in trying to resolve disputes and conflicts. Our experienced lawyers can accompany or represent you in discussions and negotiations with the other party, where there will be an unbiased mediator to help you reach a mutually acceptable agreement.