Legal Issue and Authority of the Mediation Process of the Public Sector Dispute Mediation Center

Abstract

        The research aims to examine the concepts and theories, along with the laws and government policies associated with dispute mediation. It also focuses on the types of disputes under the jurisdiction of the Public Sector Dispute Mediation Center, as well as the causes or constraints that affect the decision to refer disputes to the mediation process of the Public Sector Dispute Mediation Center. The researcher used the qualitative research approach by collecting data through documentary research and in-depth interviews. Data were analyzed using the content analysis techniques.

          The study found that disputes within the jurisdiction of the Public Sector Dispute Mediation Center, under Sections 8, 20, 69, and 35 of the Dispute Mediation Act cover only civil matters. These disputes encompass inheritance disputes between heirs, disputes of value no more than five hundred thousand baht (or the amount specified in the royal decree), land disputes that do not involve property rights, and other disputes outlined in the royal decree. The disputes must not involve family rights, personal status rights, or property rights, nor should they involve criminal matters or disputes related to criminal cases under the jurisdiction of the Juvenile and Family Court, in accordance with the juvenile and family court law and procedures, as these types of disputes are not eligible for mediation under this Act. Criminal disputes that are eligible for mediation under this Act include offences classified as misdemeanour crimes under the Penal Code, specifically Section 390 to Section highlighted the following problems: 1) Problems related to the operation of the Public Sector Dispute Mediation Center, 2) Problems regarding the qualifications of mediators at the Public Sector Dispute Mediation Center, and 3) Problems related to the characteristics of disputes within the scope of the mediation authority of the Public Sector Dispute Mediation Center.

          The recommendations suggest improving the capacity of personnel at the Public Sector Dispute Mediation Center to enhance their knowledge of relevant laws and regulations to provide accurate guidance to the public. It is also recommended that the required minimum age for mediators be set at thirty-five years or older. The most important factor for a mediator is the ability to establish trust and credibility with the parties involved and ensure that all parties accept the mediator. Furthermore, it is suggested that the types of cases eligible for mediation be broadened. The proposal includes expanding the mediation authority of the public sector, as well as revising the law to raise the financial thresholds for mediating civil disputes within the public sector.