OPPORTUNITIES AND CHALLENGES OF DISPUTE MEDIATION AT THE INQUIRY STAGE ACCORDING TO THE DISPUTE MEDIATION ACT B.E. 2562

Abstract

The objective of this academic article were to investigate principles, as well as the  opportunities, challenges, and suggestions for dispute mediation at the inquiry stage as defined by the Dispute Mediation Act B.E. 2562. The mediation of such disputes is important to reduce the amount of cases brought to court, build reconciliation in society and reduce the burden of the state budget. According to the findings of the study , there are still several challenges as follows: 1) In criminal cases, there are only some sorts of content or topics that can be mediated, some petty crimes cannot be mediated; 2) The discretion of the investigating officer to mediate; 3) Due to a lack of sufficient public relations, the majority of people are unaware of their rights in mediation; 4) Mediation skills are lacking among the mediators; 5) The duration of the mediation is unclear, and the mediators should take the knowledge test; 6) The attitudes of inquiry officials toward their role as a mediator, as well as their support for it under the aforementioned Act; 7) The absence of remuneration for mediators who are the third party and inquiry officials; and 8) The lack of sufficient support system in dispute mediation. The findings discovered that the opportunities are as follows: 1) Have a mediator who is professional and ethical; 2. The victim will be compensated appropriately; and the concepts of restorative justice that reduce the burden of the mainstream justice system; therefore, both mediators and legal content should be developed in order to raise public awareness. Including a shift in the attitudes of inquiry officials and pushing forward the system that will allow for further dispute mediation.