The Mediation Process by Buddhist Peaceful Means: A Case Study of Civil Court

Abstract

The objectives of this research article were as follows; 1) to analyse problems, context, necessity, and concepts of the dispute mediation process according to modern science.; 2) to examine the Buddhist peaceful means favourable to the process of dispute mediation; and 3) to propose the mediation process by Buddhist peaceful means through the study of specific cases in civil court. The action research was conducted based on Ariyasacca (the four noble truths) model under 9-step framework. The data were collected by in-depth interviews with 20 key informants and focus group discussions with 10 experts in order to verify the development process. The research results were analyzed and presented in a descriptive method. 

The research results were found as follows: 1) The problems with dispute mediation process include a lack of neutrality as well as knowledge or expertise in mediating cases, the use of prejudice and emotions in communication by using violent words, a lack of responsibility and mediation skills causing both parties to the conflict refusing to mediate the case, a lack of Dhamma in mediation, lawyers from both parties aiming only on the benefits of their respective parties, the mediator recording the agreement by himself/herself, and both parties to the conflict lacking reliability; 2)  The Buddhist peaceful means favorable to meditation process include the following stages: Dukkha (analyzing the points of conflict), Samudaya (analyzing the causes of conflict), Nirodha (setting goals of dispute mediation), and Magga (methods of dispute mediation). The dispute mediation must employ the 9-step framework, with the goal of maintaining the relationship and ending the case by apologizing to one another; and 3) The dispute mediation process by Buddhist peaceful means on a case study of civil court consists of the following components: (1) positive mindset with faith in performing one’s duty; (2) knowledge and understanding about civil dispute mediation, laws, and psychology in communication; (3) skills to control one’s emotions, impartiality, not exerting one's authority, as well as having communication skills, listening skills, questioning skills, and coaching skills; and (4) having inner peace in order to remain calm and polite, as well as controlling in management. The process of dispute mediation by Buddhist peaceful means under the 9-step framework can be integrated as follows: (1) mindfulness, (2) empathic companion to cases the emotions of parties to the conflict, (3) deep listening, (4) instance analysis, (5) appropriate thinking, (6) thinking wisely and adjust attitude, (7) interest finding, (8) option creating, and (9) new relation building. Finally, the dispute mediation must end the conflict and maintain the relationship of both parties to the conflict.