Dhamma and Mediation in Criminal Cases

Abstract

The research article aimed to reflect the Dhamma conducive to mediation of criminal cases in the Court of Appeal. The data were collected from Buddhist texts, documents, research works, and Buddhist experts' opinions on concepts, processes, and methods of acting as a mediator. Mediators act as coaches, providing solutions to both parties to the conflict and offenders, as well as easing the suffering of victims and their families. Mediators must offer guidelines and practices that are identity and consistent with the Dhamma in order to facilitate criminal case mediation, with Ariyasacca (the four noble truths) functioning as the meditation framework. The principles and concepts of the mediation process are currently used at the Thai Court of Justice, both the Court of First Instance and the Court of Appeal. Mediators are chosen to work as a middle person to mediate the dispute and assist the Court of Justice. Both parties to the conflict have the right to make their own decisions, but if they can reach an agreement, it will save money and time, reduce the number of cases in court, and maintain the relationship of both parties. Mediators do not have arbitrary powers and must retain their impartiality by thinking positively, behaving respectfully, and keeping secrets. According to Buddhism, mediators must attempt to moderate both parties' emotions, alleviate unwholesome actions, and promote reasonable thought. This requires having mindfulness, contemplation, carefulness, tranquility, and loving-kindness. This is one of the components of Tisikkhā (the threefold learning), which is an important Dhamma to cultivate the mind and eliminate defilements. Tisikkhā, which consists of Sīla (precepts), Samādhi (concentration), and Paññā (wisdom), serves as a base for coexistence in society, involving practice, mental development, and attaining enlightenment. As a result, mediators will be able to practice the Dhamma more successfully and effectively mediate criminal cases using Buddhist peaceful means. The use of Dhamma in mediation is a significant component that is appropriate for mediation of criminal cases in the Court of Appeal.