กฎหมายที่เกี่ยวข้องกับการไกล่เกลี่ยและการคุ้มครองสิทธิในศาล

Abstract

This research aims to study laws relating to mediation in courts. The research was conducted by studying from documents and analyzing from laws relating to mediation in courts. The research results found that the court of justice created an alternative judicial process in a form of mediation process. However, the mediation is limited to be implemented only in civil cases, criminal cases, private offences, and criminal cases which plaintiffs are populaces only. According to law, civil cases are currently unavailable for mediation in courts. There is only the center for rights and liberties protection in criminal cases in courts which is the rights protecting process to inform rights as well as duties according to law in judicial process for plaintiff, defendant and witnesses instead of mediation. Therefore, the laws should be amended to allow certain types of criminal cases to be able to mediate by considering civil damages, if the litigant is not attracted to civil damages to make certain types of criminal cases suspend.