Model Dispute Mediators According to Modern Science

Abstract

The role of a modern dispute mediator is highly demanded in contemporary society. Dispute mediation refers to the process in which a mediator facilitates the resolution of a case that is currently under judicial consideration, from the time the court accepts the case until before a judgment is rendered. The mediator assists the disputing parties in reaching a mutual agreement. However, the mediator does not have the authority to impose an agreement on the parties. The primary objective is to encourage a voluntary compromise and settlement between both parties. Therefore, either party may withdraw from the mediation process at any time. A Dispute mediation in Thailand has existed since the Sukhothai period and has continually evolved and been refined over time. The conceptual frameworks and theories that should support the development of model dispute mediators according to modern principles include: 1) The theory of deep listening; 2) The theory of peaceful communication; 3) Psychological theories; 4) Theories related to coaching and facilitation; 5) Conflict theory; 6) Theories of peace-building; and 7) Theories of dispute mediation. Importantly, the Buddhist approach to peace (Buddhist peacemaking) emphasizes supportive mediation. Currently, courts serve as the primary, rather than the ultimate, recourse for the public. At present, there are approximately two million cases filed in courts, while there are just over four thousand judges. In contrast, there are more than five thousand pre-litigation mediators. Therefore, it is necessary to develop and enhance the pre-litigation mediation process. Consequently, courts are adapting to become the first point of recourse for the public.