Mediation Before Filing a Lawsuit with the Administrative Court

Abstract

This article study is to 1) examine the concepts and stories concerning dispute mediation and dispute mediation of an administrative case, 2) examine laws concerning dispute mediation of an administrative case in accordance with the Act on Establishment of Administrative Courts and Administrative Court Procedure, B.E. 2542, and dispute mediation prior to prosecution in connection with Thai laws and International laws including the laws of the French Republic and the Commonwealth of Australia 3) study the issues relating to the appropriateness of the application of dispute mediation prior to filing a case to the Administrative Court of Thailand, and 4) propose legal measures regarding the prescription of principles and approaches of dispute mediation prior to filing a case with the Administrative Court.

In accordance with the findings, it was discovered that 1) The concepts and theories concerning dispute mediation of an administrative case pay attention to dispute mediation, which is regarded as alternative dispute resolution. Considering dispute mediation with respect to an administrative case, it is necessary to consider the legality of an administrative act and the protection of public interest, all of which are the administrative law foundation. Dispute mediation of an administrative case shall be considered in terms of authority limitations of the Administration, along with the effects on public interests., 2) International laws include the laws of the French Republic and the Commonwealth of Australia, consisting of apparent provisions with reference to dispute mediation prior to filing a case with the Administrative Court., 3) The Thai laws contain provisions concerning administrative case dispute mediation. Regardless, the existing provisions cannot be mediated prior to filing a case with the Administrative Court. 4) The laws of the French Republic prescribe that disputes can be mediated prior to filing a case with the Administrative Court. That is, the litigants shall initiate mediation and choose the mediator themselves or request the Chief of the Administrative Court of First Instance who has jurisdiction to appoint a mediator for the dispute. The laws of the Commonwealth of Australia, meanwhile, prescribe that the litigants shall request the court for an order, delivering the trial to a mediator in an effort to resolve the dispute via mediation. Such a force is regarded as dispute mediation prior to filing an administrative case. Above all, and 5) The additional amendment with respect to the Act on Establishment of Administrative Courts and Administrative Court Procedure, B.E. 2542, shall be conducted in order to allow for the application of dispute mediation for an administrative case prior to filing a case with the Administrative Court.