DISPUTE MANAGEMENT THROUGH ADMINISTRATION CASE MEDIATION IN THE ADMINISTRATIVE COURT OF FIRST INSTANCE

Abstract

The objectives of this research are to investigate the following aspects of dispute management through mediation in administrative cases at the Administrative Court: (1) the state of dispute mediation, (2) the process of dispute management through mediation, and (3) the pattern of dispute management by mediation. A qualitative research method was employed in this study, with five administrative courts as the study areas and 25 key informants from the Administrative Court, administrative offices, and the public participating in the study. Data were collected through in-depth interviews and analyzed through comparative analysis of theories and concepts, and presented in a descriptive manner. The findings of the research reveal that the state of dispute mediation is divided into two phases. In the first phase, prior to the announcement of the Mediation Regulation B.E. 2562, the judge in charge conducted an inquiry into the case to negotiate an agreement. However, there was no legal obligation for either party to comply with the agreement. After the announcement of the mediation protocol, there were established procedures, rules, and agreements according to the law. Most disputes concerned negligence and administrative contracts, and the parties were mostly government agencies responsible for the well-being of local people. In terms of the process of dispute management through mediation, the researchers found that there were two stages: accepting and stopping mediation and the mediation process itself, which involved preparation, understanding the case, evaluating all parties, proposing solutions, and reaching agreements. The mediation file was kept confidential. Finally, the pattern of dispute management by mediation was found to start with a lawsuit, followed by an evaluation of the case by the court and a request for voluntary participation in the mediation process. If successful, a memorandum of compromise verdict was created.