Alternative Justice: The State of Alternative Dispute Resolution (ADR) in Communities of Southern Border Provinces of Thailand

Abstract

This research aimed to study the state of alternative dispute resolution in the communities of the southern border provinces by using mixed methods research. The quantitative data were collected using questionnaire from 1,100 people in the southern border provinces. The qualitative data were collected from the focus Group of 30 people including community leaders and religious leaders. Content validated and Alpha-Cronbach were employed to test the construct reliability. Data were analyzed by using basic statistics such as frequency, percentage, mean, and content analysis. The results found that most people have been participated in Alternative Dispute Resolution and negotiation, in which most of them participated as the mediator. In addition, Alternative Dispute Resolution in southern border provinces was mostly used as mediation model through mediators, who were community leaders or respected religious leaders. However, the conflict resolution practice is different in the context and the nature of the dispute, including mediation by participatory principles, mediation by Hukum Pakat, mediation by charismatic leader, mediation by application of brotherhood principles in Islam and the integrated mediation. Therefore, it is suggested that the government should develop the potential of religious leaders and community leaders to have legal knowledge and negotiation skills to settle disputes. This will be beneficial for the development of an alternative justice system in the community for more effective actions.