The Process of Efficiency Development in Mediating Disputes before Filing a Suit in a “Defamation Case” of Phra Khanong Criminal Court by Buddhist Peaceful Means

Abstract

The research titled “The process of efficiency development in mediating disputes before filing a suit in a "defamation case" of Phra Khanong Criminal Court by Buddhist peaceful means.” has the following objectives: 1) To study the problems, context, necessary needs, and theoretical concepts related to the development of the effectiveness of mediation negotiation in pre-litigation disputes according to modern science; 2) To examine the principles of Buddhist teachings that facilitate the process of efficiency development in mediating disputes before filing a suit in a "defamation case" of Phra Khanong Criminal Court by Buddhist peaceful means.3) To propose a process of efficiency development in mediating disputes before filing a suit in a "defamation case" of Phra Khanong Criminal Court by Buddhist peaceful means. This research employs a qualitative research approach, utilizing documentary research and in-depth interviews with experts and various stakeholders (In-depth Interview) totaling 30 individuals, as well as focus group discussions with experts and stakeholders totaling 11 individuals. The research findings can be.

From the study, the following results are found: 1) The issues, context, needs, and theoretical concepts related to improving the effectiveness of pre-litigation mediation negotiations according to modern science reveal that the problem with pre-litigation mediation is that the general public still lacks knowledge about the Mediation Act B.E. 2562. Some mediators or conciliators do not fully understand the legal principles regarding what is appropriate and inappropriate to do. Defendants in defamation cases may act out of momentary emotions or a lack of awareness. The parties involved may have biases against each other. Mediators need to uncover the truth about the nature of the conflict between the parties, which in some cases may be trivial. Pre-litigation mediation is necessary and should be conducted. Some conciliators exceed their duties by stating the causes of defamation cases, indicating that the violators have committed four types of wrongful speech: false statements, slanderous remarks, abusive language, and nonsensical talk. 2) The principles of Buddhist teachings that facilitate the process of enhancing the effectiveness of negotiation and mediation in disputes before filing a lawsuit, specifically in the case of "defamation" in the Criminal Court of Phra Khanong, include the principle of right speech, which is non-harmful speech, and the wise do not criticize. Right speech consists of five aspects: 1. Speaking at the right time 2. Speaking the truth 3. Speaking kindly 4.Speaking with beneficial content 5. Speaking with a compassionate heart. Additionally, the principles of mindfulness, patience, and peace are also fundamental. 3) The process of efficiency development in mediating disputes before filing a suit in a "defamation case" of Phra Khanong Criminal Court by Buddhist peaceful means., using the Buddhist approach based on the LOTUS Model, which consists of L = speaking with compassion, O = speaking at the right time, T = speaking the truth, U = speaking words that are beneficial, S = speaking sweetly. This process involves five steps: 1. Preparation: Getting ready by studying relevant information. 2. Starting the meeting: Opening the first mediation session. 3. Problem-solving: Identifying the issues in dispute and the needs of the parties involved. 4. Proposing solutions: Resolving the conflicts regarding the disputed issues. 5. Closing the mediation: Drafting a settlement agreement. Both principles are consistent and can be effectively integrated into practice, supported by the principles of mindfulness, patience, and peace.