Guidelines for the Development of System and the Potential of Dispute Mediation of the Agency Operating Dispute Mediation in Accordance with the Dispute Mediation Act B.E. 2562 (2019)

Abstract

Dispute Mediation Act B.E. 2562 (2019), is a Central law that requires Government Agencies and the Public Sector to perform mediation procedures in the Same Format and Standards. But different potentials make the achievement of the objectives of the Law Different. This research aims to (1) study the System and the Potential of Dispute Mediation of the Agency Operating Dispute Mediated in Accordance with the Dispute Mediation Act B.E. 2562 (2019); and (2) to propose recommendations about the Development of System and the Potential of Dispute Mediation of the Agency Operating Dispute Mediated in Accordance with the Dispute Mediation Act B.E. 2562 (2019). The researcher conducted a qualitative method. By studying and analyzing the Dispute Mediation Act B.E. 2562 (2019) and related writings and in-depth interviews. Regarding the system and the potential of the Dispute Mediation agency, the research found that the Dispute Mediation Act B.E. 2562 (2019) stipulates the integrated system of the dispute meditation into 3 steps comprising: (1) upstream (2) midstream (3) downstream. It is collaboration among relevant groups of people including: the central government; the regional government; the judicial courts; the attorney general; the royal Thai police; and the public. The limitation of the capacity of meditators can be noted mainly due to lack of holistic body of legal knowledge. Then associated with the recommendations about the Development of System and the Potential of Dispute Mediation of the Agency Operating Dispute Mediation, the research revealed that:
(1) law related to qualification of the mediators should be amended;
(2) dissemination of law should be done;
(3) the curriculum of the specialized and professional skill for the meditators should be taken into account;
(4) the number of the community dispute meditation center and the registered meditators should be increased.