Legal Measures Concerning Mediation Of Environmental Disputes Before Litigation In The Administrative Court

Abstract

This article examines the amendment of Thai law to support pre-filing mediation in environmental administrative cases. Its objectives are to analyze the limitations of Thai law, draw lessons from foreign legal systems, and synthesize legal recommendations suitable for the Thai context. The study adopts a doctrinal research approach based on legal documentary analysis. It examines Thai law alongside the laws of six foreign jurisdictions—France, Germany, Japan, the United States, Austria, and the Netherlands—in order to develop a comparative analytical framework for assessing the limitations of Thai law and designing an appropriate legal mechanism for pre-filing mediation in environmental administrative disputes.The study finds that Thai law does not yet provide a clear and systematic legal structure for pre-filing mediation in environmental administrative cases. At least six major problems are identified: the absence of direct legal provisions, uncertainty regarding procedures and initiating parties, the lack of clear criteria for suitable cases, limitations concerning mediators, uncertainty regarding time limits and prescription periods, and uncertainty concerning the legal effect of agreements resulting from pre-filing mediation. At the same time, the foreign legal systems examined reveal common elements of an effective framework, namely a clear legal basis, definite entry channels into the process, criteria for screening appropriate cases, suitable mediators and experts, and legal safeguards concerning prescription periods and the binding effect of mediated agreements. The article therefore proposes that the Act on Establishment of Administrative Courts and Administrative Court Procedure, B.E. 2542 (1999) should be amended to explicitly recognize pre-filing mediation in environmental administrative cases, particularly regarding the court’s authority, the scope of suitable cases, initiating parties, and the legal effect of mediated settlements. This should be accompanied by subordinate regulations, the establishment of a mediation center within the Administrative Court, the inclusion of external experts in the mediation process, and clear rules concerning prescription periods. These recommendations would contribute to strengthening Thailand’s administrative justice system and promoting meaningful access to environmental justice.