Guidance for the Development of Administrative Dispute Mediation before Court Proceedings: A Comparative Study of Administrative Dispute Mediation in Thailand and the United States of America

Abstract

Thailand has neither a clear guidance nor a regulation concerning administrative dispute mediation before court proceedings. Respectively, administrative disputes must be submitted to the Administrative Court which has strict procedures, takes a long time and the judgement or the order of the Court may result in the deeper resentment of the parties. This article, therefore, will conduct a comparative study of Administrative Dispute Mediation in Thailand and the United States of America. We found that the United States of America has a regulation regarding administrative dispute mediation called ‘Administrative Dispute Resolution Act of 1996’. Additionally, it stablishes special organizations which is skilled in administrative dispute mediation and specify the enforcement of the mediation verdict. We, therefore, suggest that, firstly, Thailand should issue a specific law regarding administrative dispute mediation. Secondly, it should establish a skilled organization for administrative dispute mediation. Lastly, the enforcement of the mediation should be clearly specified so as to effectively settle the administrative disputes.