LEGAL PROBLEMS AND OBSTACLES REGARDING THE MEDIATION OF DISTRICT DISPUTES IN ACCORDANCE WITH THE LAW ON PUBLIC ADMINISTRATION REGULATIONS

Abstract

Objectives of this research article were: 1. To examine the concepts and theories related to legal problems and obstacles in district-level dispute mediation under the Act on the Administrative Organization of the State, 2. To study both Thai and foreign laws concerning these issues, to analyze and compare the identified problems and obstacles, and 3. To propose recommendations for the amendment and improvement of the relevant laws and regulations in order to enhance their appropriateness and effectiveness, conducted by qualitative research methodology through documentary analysis and comparative legal analysis of both primary and secondary sources.

The findings indicated that the property value limit of civil disputes eligible for mediation under the Act on the Administrative Organization of the State B.E. 2550 (2007), set at 200,000 baht, is considerably lower than the threshold established by the Dispute Mediation Act B.E. 2562 (2019), which prescribed a value of 5,000,000 baht or higher by royal decree, that petty offenses, though minor, remain legally non-compoundable and should be allowed for mediation given that certain statutes, such as the Act on the Administrative Organization of the State B.E. 2550 (2007), the Dispute Mediation Act B.E. 2562 (2019), and the Ministerial Regulation B.E. 2553 (2010), already authorize mediation in some cases of petty offenses except for sexual crimes or those affecting the public interest, that the statute of limitations continues to run during mediation proceedings if the committee orders termination of the case under the Ministerial Regulation B.E. 2553 (2010) because such cases are deemed never to have been filed, which may result in creditors losing their right to sue, and that district offices have not yet implemented the Dispute Mediation Act B.E. 2562 (2019), the application of which would significantly enhance the benefits of dispute settlement for the public.