A Model of the Mediation by Buddhist Peaceful Means: A case of the Mediation Center of Lawyers Council, Bangkok

Abstract

This research is of 3 objectives, i.e., (1) to study principal, ideas, theories and practices related to the model of the international dispute mediation, and the model of dispute mediation of the Lawyers Council, (2) to study model of dispute resolution in Theravada Buddhism, and (3) to present a model of dispute settlement of Mediation Center of Lawyers Council by Buddhist Peaceful Means. This research is qualitative, emphasizing documents and interviews with experts and scholars in dispute resolution from the Lawyers Council of Thailand 9 persons, from the Other Organization 6 persons and persons who experts and scholars in Theravada Buddhism 5 persons, respectively.

The outcome of the research found the followings:

The principles and process related to the model of the international dispute mediation and the current state of dispute mediation of the Lawyers Council are consistent. For the process of dispute resolution in Theravada Buddhism, its way of practice is by Buddhist peaceful means with the holding on to the principle of the Four Noble Truths in analyzing problems.  In this research, it presents a model of dispute settlement of Mediation Center of Lawyers Council by Buddhist Peaceful Means comprising mediators’ inner and outer qualities; the inner defined as being conscious, patient, unbiased and benevolent while the outer are having good friends, morality, honoring others.  For the method model of dispute resolution, it consists of the role and mediating technique of dispute mediators, i.e. the role of loving kindness in accordance with the virtues for fraternal living or Sārāniyadhamma and the use of the Middle Way or technique Majjhimā patipadā.  The process model of dispute mediation is the use of the Four Noble Truths in proceeding the process of dispute mediation of which having 5 steps of 1) start to analyze sorrows or Dukkha, 2) start talking with nice words or Piyavaca, 3) search for issues with loving kindness, 4) sharing opinions without bias, and 5) aiming for the aspect of forgiveness with the dispute mediating purpose of ‘Peace’ or disputants’ settlement of disputes by forgoing matters towards each other.