Comparative study of the qualifications of mediators according to the Dispute Mediation Act B.E. 2562, especially mediation by Public Sector Dispute Mediation Center

Abstract

       This research aims to 1) study the background, concepts, theories on mediation and mediators. 2) study the principles of Thai law and foreign law on mediation and mediators, especially civil mediation, 3) analyze and compare the qualifications of mediators between Thai and foreign laws, 4) find conclusions and propose guidelines for determining the qualifications of the working group in the Public Sector Dispute Mediation Center.

       The research concludes that the qualification of legal expertise is only used for mediators in some states and some countries. The researcher also saw that successful mediators do not necessarily have to be legal experts. In addition, one of the important principles of mediation is the principle of non-judgment of right and wrong in the law. Therefore, in mediation, there will be no issue of who caused the damage or who is wrong and who is right. In addition, the experience or expertise of the mediators in various fields will be more beneficial to the disputing parties and the mediation process. However, because the mission and enforcement of the Memorandum of Agreement for Dispute Settlement of the Public Sector Dispute Mediation Center are linked to the law, it is very important that one of the working groups in the Public Sector Dispute Mediation Center must have a good level of knowledge or legal expertise to assist, advise and monitor the mediation process and the Memorandum of Agreement for Dispute Settlement.

       Therefore, the mediators do not have to be legal experts, but the Public Sector Dispute Mediation Center must have a person with good knowledge or legal expertise.