Restorative Conflict Management in Conceptual Framework of Community Justice : A case study of Community Justice Network in Phanom Sarakham District, Chachoengsao Province

Abstract

The purpose and delimitation of this Research were to understand the process and overall operation which affected to the success, problems and obstacles in restorative conflict management in conceptual framework of community justice and to suggest the methods for analyzing the restorative conflict management of community justice network by depending on the framework of community justice. This Research was the qualitative research by collecting data from real phenomenon, selecting a case studies and in-depth interviews with litigants, mediators and informants, doing the participant observation in the process of conflict management and focus group discussion. Then, the researcher brought all of data summarizing in the determined case study to justify the process and overall operation which affected to the success, problems and obstacles for method summarization in the restorative conflict management of community justice network. The result of Research was discovered that the process of restorative conflict management in the community justice network which was comprised of complaint reception or problem suggestion, data search and conflict fact, actual demand requirement from the litigants, opinion and demand suggestion to the litigants, conflict management by negotiating and reconciling, approbation and agreement signature, and conflict management follow up. For the factors which affected to the success of restorative conflict management in community, they were comprised of; The community justice network section which was located in the community was convenient, no charge for the operation, the networking operation, and supported by the government section and private section. Especially, the Ministry of Justice has controlled the policy of community network. The personnel section, there were the staff who were reliable, neutral, expert in the process of conflict management and even the relative law. Moreover, the staff has paid attention in their works, understood the community surrounding, had an experience in the field of conflict management and also been a team player. The litigants section, they participated in the process with their approbation, accepted the operation, relied on the Community Justice Network’s operation and gave precedence to maintain good relationships. Finally, the process of conflict management section, the Community Justice Network had many strategies which could be adapted to the current situation. The operation was transparent and achieved the understanding caused the litigants relied on the process which could cooperate following the litigants’ process. The problems and obstacles for the restorative conflict management in community, the research found that the community justice network did not much receive the budget from the government which affected to the lack of supporting budget, equipment and even development. The operation in the network wasn’t supported by the law caused it was lack of power according to the agreement and also depended on mediators’ popularity which might use the private contacts as the conflict management factor or might be the third party who intervened in the process why could not cease the conflict. The officers within the community justice network were lack of motivation as the recompenses and stability in their works. Furthermore, some of litigants were another community which wasn’t concerned in this community caused was not restorative in the main community and not harmonious.
The method for restorative conflict management in conceptual framework of community justice, the researcher suggested that the government should; 1) to legislate the supporting law for the community justice network’s operation. 2) to support the budget from the government or local administrative organization. 3) to support the staff from the government or local administrative organization to be the staff of community justice 4) to develop the coordination in the level of policy, plan and performance. 5) to develop and establish human resources development system for developing the officers as a team work. 6) to develop the equipment for data collection or the network operation. 7) to be proactive and connective among members in the community for reinforcing the understanding together and preventing the conflict within the community.