Benefits of People from Mediation before filing a lawsuit pursuant to Section 20 tri of the Civil Procedure Code

Abstract

This research aims to: (1) examine the process of pre-litigation mediation under Section 20 tri of the Civil Procedure Code and its benefits; (2) study the problems, causes, obstacles, and impacts of the pre-litigation mediation process under Section 20 tri of the Civil Procedure Code; (3) analyze the potential increased benefits for people resulting from the pre-litigation mediation in accordance with Section 20 tri of the Civil Procedure Code; and (4) propose a process to enhance these potential benefits for people through the pre-litigation mediation under Section 20 tri of the Civil Procedure Code. This is qualitative research. The researcher collected documentary data and related studies. To obtain empirical data, the researcher requested statistical data on the pre-litigation mediation under Section 20 tri of the Civil Procedure Code for the year 2024 (B.E. 2567) from twelve courts in Bangkok and other provinces.

This research discovers the following findings. (1) Public awareness of the pre-litigation mediation in courts of justice is low. Three courts in Bangkok recorded fewer pre-litigation mediation requests than nine provincial courts. (2) Although creditors requesting the pre-litigation mediation, many debtors often refused to participate in the process either by explicitly declining or by not responding to court officials. (3) ‍There is no legal requirement mandating the pre-litigation mediation for certain types of civil cases before filing a lawsuit. (4) The Criminal Procedure Code does not provide provisions for mediation. Courts handling criminal cases apply relevant civil procedural provisions by analogy. Petty offenses are non-compoundable; even if a settlement or mediation is reached, the criminal prosecution shall not be extinguished.

The study suggests that Section 55 of the Civil Procedure Code and Section 39 of the Criminal Procedure Code should be amended to enhance the benefits to the public from pre-litigation mediation conducted by the Courts of Justice.