Mediation is a method that many parties are often used to settle disputes that arise. by relying on a mediator or a mediator to assist in suggesting a solution In this article, THAC will tell the difference between pre-and post-litigation mediation and how the mediation process needs to be done. in order to jointly find a solution to various disputes together well
Mediation before suing and mediation after suing How are they different?Mediation is an alternative dispute resolution method. It is another way to alleviate the burden of the court. Can be divided into
mediation before suing and after suing The mediation before prosecution will comply with the Civil Procedure Code, Section 20 ter, which will have personnel who have knowledge and expertise in giving advice to those who need it as a mediator. In order to gather, mediate and conciliate disputes equally, fairly, and by peaceful means, the procedure can be reduced. cost burden and length of time for prosecution because there is no need to examine witnesses or prepare documents for taking witnesses Whereas, post-litigation dispute resolution is the process that takes place after the plaintiff has filed a lawsuit. This may be called mediation during consideration. This process will help both parties to allow each other to be lenient.
Dispute mediation process before filing a lawsuitThe process of mediating disputes will have both the form of finding a mediator and proceeding itself and through the courts like the Court of Justice. which is now open for mediation before filing a lawsuit under Section 20 of the Civil Procedure Code, which may be mediated before the date of the hearing as well. There will be steps as follows:
● File the claim in person or by mail to the competent court and scan the QR Code by the court through the CIOS system.
● The mediator presents the judge to consider accepting the petition.
● The mediation center staff sends the request and documents by post or e-mail attaching the invitation to join the mediation. Please respond within 15 days of submitting the request.
● In the case of acknowledgment, it means that they wish to mediate. The date and method of mediation will be clearly defined. In the event of non-acceptance, it will be deemed that they do not wish to mediate and want the matter to be settled.
● The parties come to court, present the court and appoint a mediator.
● The mediator conducts mediation.
● If agreeing to agree to make an agreement or a surrender agreement and may request the court to decide on the terms and conditions
● If unable to agree will end the
mediation At the end of 60 days, it can be extended for another 60 days from the end of the mediation.
About usThailand Arbitration Center (THAC) is an arbitration institution. and conciliation at the international level It has been in operation since 2015 with the aim of supporting and promoting the international arbitration system. and provides independent and international arbitration services. with professional experience and expertise This ensures that users will receive the correct service quickly and THAC is located in the heart of the city. Make it comfortable to travel and have lower service rates It saves both time and money.
Website:
https://thac.or.th/th/