Problems and solutions in the mediation of criminal cases in specific courts Criminal cases in the jurisdiction of the Loei Provincial Court

Abstract

The study on the problems and solutions of mediation of criminal disputes in the court of law, specifically criminal cases in the jurisdiction of the Loei Provincial Court, aims to: 1) To study and analyze the problems of mediation of criminal disputes in court. 2) To suggest guidelines for improving the mediation of criminal cases in court, studying only criminal cases under the jurisdiction of the Loei Provincial Court. This is a qualitative research using focus group discussions. The target groups used in this study are legal practitioners such as judges, prosecutors, and lawyers. By selecting specifically and considering cases that are awaiting mediation in court from the number of criminal case statistics that enter the mediation system of the Mediation Center and the Loei Provincial Court dispute settlement, summarizing from January-December 2018, there were 53 criminal cases that were mediated. By using unstructured interviews and analyzing qualitative data in a descriptive format, the results of the study found that It was found that 1. The process of terminating or resolving disputes by mutual agreement of the parties, with a third party acting as a mediator to assist, advise, and suggest a way out to terminate or resolve the dispute, especially in criminal cases, which in some cases involve severe penalties. It should not be used to mediate or compromise. Mediation is an alternative to dispute resolution that requires a mediator to act as a mediator in order to create harmony in society. The victim can participate more in the criminal justice process. 2. The persons with authority to end criminal cases include the court, public prosecutor, official, investigator or officer, as determined by the laws of each country, with suggestions for resolving problems in the dispute mediation process. The one that should be widely available without limitation and in the COVID-19 pandemic is “Online Dispute Mediation”. It should be implemented in courts nationwide to help people access mediation processes quickly and conveniently without having to travel to court. This will help save on travel expenses, reduce congestion in meeting rooms, reduce confrontation, and also make disputing parties more willing to participate in mediation.