Dispute Mediation Act B.E. 2562 (2019)
Notice to Readers: The following English translation is provided for convenience and general understanding only. It is not an official version and may contain language differences from the original Thai text. For legal accuracy and enforcement, please refer to the official Thai version as published in the Royal Thai Government Gazette.
His Majesty King Maha Vajiralongkorn Phra Vajiraklaochaoyuhua is graciously pleased to proclaim that:
Whereas it is expedient to have the law on dispute mediation;
Whereas this Act contains certain provisions in relation to the restriction of rights and liberties of persons, in respect of which section 26 in conjunction with section 40 of the Constitution of the Kingdom of Thailand so permits by virtue of provisions of law;
Whereas the reasons and need for the restriction of rights and liberties of persons under this Act lie in putting in place uniform systems and standards of procedures for mediating civil disputes involving not large amounts of claims and a certain type of criminal disputes, through the requirements of qualifications and prohibitions of mediators as well as registration of mediators with a view to regulating the carrying out of an occupation as mediators and protecting interests of parties and other persons concerned with disputes and, in this regard, the enactment of this Act duly complies with the conditions provided in section 26 of the Constitution of the Kingdom of Thailand;
Be it, therefore, enacted by the King, by and with the advice and consent of the National Legislative Assembly serving as the National Assembly, as follows.
Section 1. This Act is called the “Dispute Mediation Act, B.E. 2562 (2019)”.
Section 2. This Act shall come into force as from the day following the date of its publication in the Government Gazette except that the provisions of Chapter II, Civil Dispute Mediation, Chapter III, Criminal Dispute Mediation, Chapter IV, Criminal Dispute Mediation at the Inquiry Stage, and Chapter V, Public Sector Dispute Mediation, shall come into force after one hundred eighty days as from the date of its publication in the Government Gazette.
Section 3. In this Act:
“dispute mediation” means the operation intended to provide parties with an opportunity to agree to resolve civil and criminal disputes by a peaceful means and without adjudication of the disputes, excluding the mediation of disputes conducted at the court stage and at the execution stage;
“mediator” means a person registered and appointed for performing duties in the dispute mediation;
“settlement agreement” means an agreement agreed by the parties to be legally binding for resolving any dispute or claim of each party and to give each party rights, duties or liabilities only to the extent provided therein;
“agency conducting the dispute mediation” means a State agency carrying out the dispute resolution by dispute mediation;
“State agency” means the central administration, the provincial administration, the Office of the Judiciary, the Office of the Attorney-General or any other agency of the State as prescribed by the Minister of Justice in the Ministerial Regulation;
“Registrar” means the head of the State agency conducting the dispute mediation.
Section 4. This Act has no prejudice to the dispute mediation by State agencies carried out in accordance with their duties and powers.
State agencies under paragraph one may conduct the dispute mediation in accordance with this Act.
Section 5. A State agency which intends to conduct the dispute mediation under this Act shall also notify it to the Ministry of Justice.
Section 6. In the case where the dispute mediation terminates without achieving a successful result, if it appears that a period of prescription has expired during the dispute mediation or is due to expire within sixty days as from the date on which the dispute mediation terminates, the period of prescription shall be extended for another sixty days as from the date on which the dispute mediation terminates.
In the case where the Court gives an order refusing to enforce the settlement agreement under section 33, the provisions of paragraph one shall apply mutatis mutandis. For this purpose, the sixty-day period shall be counted as from the date on which the order of the Court becomes final.
Section 7. The President of the Supreme Court, the Prime Minister, the Minister of Defence, the Minister of Interior, the Minister of Justice and the Attorney-General shall have charge and control of the execution of this Act in respect of the matters that are concerned with their duties and powers.
The President of the Supreme Court shall have the power to issue Rules of Court and the Prime Minister, the Minister of Defence, the Minister of Interior and the Minister of Justice shall have the power to issue Ministerial Regulations and Rules while the Attorney-General shall have the power to issue Regulations, in the execution of this Act.
Such Rules of Court, Ministerial Regulations, Rules and Regulations shall come into force upon their publication in the Government Gazette.
Section 8. This Act shall not apply to criminal cases falling under the jurisdiction of the Juvenile and Family Courts under the law on Juvenile and Family Courts and juvenile and family procedures.
CHAPTER I
MEDIATORS
Section 9. A person intending to be registered as a mediator shall submit an application to the Registrar.
The Registrar shall also have the power to select persons suitable for being registered as mediators, provided that consent shall be obtained from such persons.
The submission of applications for registration, the issuance of certificates of registration, the renewal of certificates of registration, the issuance of substitutes for certificates of registration, the declaration of particulars in the submission of applications for registration and the forms of identification cards for mediators shall be in accordance with the rules, procedures and conditions prescribed in the Notification of the Registrar.
The removal of mediators, termination of the status of mediators and revocation of the status of mediators shall be in accordance with the rules, procedures and conditions prescribed by the Minister of Justice in the Ministerial Regulation.
Section 10. A person registered as a mediator must have the qualifications and must not be under the prohibitions as follows:
a. Qualifications:
(1) having successfully completed the dispute mediation training under the programme accredited by the Commission on National Development of Justice Administration under the law on national development of justice administration;
(2) being a person possessing experience in areas beneficial to the dispute mediation;
b. Prohibitions:
(1) having been sentenced to imprisonment by a final judgment, except for an offence committed through negligence or a petty offence;
(2) being an incompetent person, a quasi-incompetent person or a person of unsound mind or mental infirmity;
(3) having had the status of a mediator revoked under this Act, where a period of five years has not yet elapsed up to the date of submission of the application for a certificate of registration as a mediator.
Section 11. A mediator has the duties and powers as follows:
(1) to lay down directions for and hold dispute mediation;
(2) to assist, facilitate and make suggestions to parties with respect to ways for ending disputes;
(3) to conduct mediation on the basis of impartiality;
(4) to prepare a settlement agreement in accordance with the results of the dispute mediation.
In the case where a mediator carries out an act in discharge of duties in good faith, the mediator shall be afforded protection and shall not be liable both in civil matters and in criminal matters.
Section 12. A mediator shall observe ethics as follows:
(1) performing duties on the basis of impartiality, independence, justice and non-discrimination;
(2) attending the dispute mediation on every occasion and, in the case of inability to attend the dispute mediation, giving prior notification of reasons and necessity therefor to the agency conducting the dispute mediation for information;
(3) performing duties expeditiously without causing unreasonable delay in the dispute mediation;
(4) upholding integrity and honesty and refraining from demanding or taking property or any other benefit from parties or other persons involved in the dispute;
(5) performing the dispute mediation duties politely;
(6) keeping confidentiality of matters relating to the dispute mediation;
(7) refraining from an act in a manner adjudicating the dispute or forcing any party to sign a settlement agreement;
(8) other cases prescribed by the Minister of Justice in the Ministerial Regulation.
Section 13. A mediator shall disclose to the parties facts likely to give rise to justifiable doubts as to the mediator’s impartiality and independence in the performance of duties as the mediator, in particular, the facts as to the relationship with any party in the following matters:
(1) being the fiancé or the spouse;
(2) being an ascendant or a descendant in any degree or being a brother or sister or a cousin within only three degrees or being a relative by marriage within only two degrees;
(3) being or having previously been a legal representative or a curator or a representative or an agent;
(4) being a creditor or a debtor or being an employer or an employee.
Section 14. A mediator may be addressed by a party a challenge of such a serious nature as to be likely to give rise to the impartial or independent performance of duties. In the case of such circumstance, the mediator may be removed under section 15 (4).
In the case where any party consists of several persons, the addressing of a challenge under paragraph one shall be made upon consent of all persons forming such party.
Section 15. A mediator may be removed by any party or both parties or an agency conducting the dispute mediation on the following grounds:
(1) exerting fraud or duress on a party or other persons involved in the dispute;
(2) failing to perform the duty as a mediator on more than two occasions without any reasonable cause;
(3) ethical deficiency under section 12;
(4) being addressed a challenge under section 14.
Section 16. In the dispute mediation, a mediator shall not carry out any act, or cause it to be carried out, in a manner of exerting coercion, a threat or a deceit or carry out an illegitimate act in any manner whatsoever in order to induce parties to conclude a settlement agreement.
Section 17. The status as a mediator terminates upon:
(1) death;
(2) resignation;
(3) termination of the status of a mediator or revocation of the status of a mediator;
(4) being disqualified or being under prohibitions under section 10.
Section 18. In the case where a mediator is removed or the status of a mediator terminates when the dispute mediation is in progress, the parties may appoint a new mediator for further performing the duty of mediating such dispute and, for this purpose, documents in the dispute mediation proceedings previously conducted may be relied on as the parties and the new mediator deem appropriate.
Section 19. In the performance of duties of a mediator in an agency conducting the dispute mediation, the mediator shall receive remuneration and other allowances necessary for the conduct of the dispute mediation, in accordance with the Rule prescribed by the Minister of Justice with the approval of the Ministry of Finance.
CHAPTER II
CIVIL DISPUTE MEDIATION
PART I
CIVIL DISPUTE MEDIATION PROCEEDINGS
Section 20. Civil dispute mediation under this Act is not permissible if it relates to a right as regards personality, a family right or ownership in immovable property.
Civil dispute mediation is permissible in the following cases:
(1) a dispute which is concerned with land other than disputes relating to ownership;
(2) a dispute between heirs which is concerned with property to be obtained by way of succession;
(3) other disputes as prescribed in the Royal Decree;
(4) a dispute, other than those in (1), (2) and (3), of which the amount of claim does not exceed five million Baht or does not exceed such amount as prescribed in the Royal Decree.
Section 21. If any party intends to have the dispute mediation, the party shall submit an application to an agency conducting the dispute mediation.
The agency conducting the dispute mediation shall seek the other party’s willingness to engage in the dispute mediation.
If the other party is not willing to engage in the dispute mediation proceedings, the agency conducting the dispute mediation shall dismiss the application for the mediation of such dispute and notify it to the party submitting the application therefor.
In the case where there are more than two parties and any party is not willing to engage in the dispute mediation, the dispute mediation may be conducted amongst the parties willing to engage therein.
The submission of an application for the dispute mediation, details of the application and a period of time for the consideration of an application for the dispute mediation shall be in accordance with the rules, procedures and conditions prescribed in the Notification of the agency conducting the mediation.
Section 22. The parties shall agree to appoint one or more mediators from a list of mediators prepared by the agency conducting the mediation. If the parties fail to agree on the appointment of mediators, the parties may request the agency conducting the mediation to appoint mediators from such list, in accordance with the Rule prescribed by the agency conducting the mediation.
The appointment of mediators under paragraph one shall be made upon consent of persons to be appointed. The agency conducting the mediation shall give the parties explanations on proceedings and legal consequences in relation to the dispute mediation and the right to terminate the dispute mediation.
Section 23. When there exists a fact likely to give rise to justifiable doubts as to the mediator’s impartiality or independence in the performance of duties as a mediator under section 13 and any party makes a challenge thereto or the mediator himself considers that he is in such circumstance, the mediator shall cease the dispute mediation for the time being and notify it to the agency conducting the mediation in order for orders to be further issued by the head of the agency conducting the mediation.
The submission of a challenge, the consideration of a challenge and the replacement of the challenged mediator by another mediator shall be in accordance with the rules, procedures and condition prescribed by the Minister of Justice in the Ministerial Regulation.
Section 24. Subject to section 33, when a memorandum of settlement agreement is made under section 30, if it thereafter appears that the mediator has failed to disclose a fact likely to give rise to justifiable doubts as to the mediator’s impartiality or independence under section 13 or that the appointment of the mediator is unlawful, such memorandum of agreement is not prejudiced but this shall not preclude the right of the party to prove in order for the Court to issue an order refusing to enforce such agreement.
Section 25. Dispute mediation shall be conducted continuously and completed expeditiously. In this regard, the mediator may also agree with the parties on the timeframe and plans for the conduct of the dispute mediation.
In the dispute mediation, when the mediator has asked facts concerning the dispute, intentions of the parties to resolve the dispute and other facts relating to the dispute mediation, the mediator shall give explanations to the parties with a view to their understanding each other or mutual leniency conducive to their successful resolution of the dispute.
Section 26. The mediator shall conduct the dispute mediation in the presence of all parties except that, for the purpose of the dispute mediation in certain situations, the mediator may conduct the dispute mediation without the presence of a party, provided that the mediator shall also notify the conduct of such dispute mediation to the party not present.
The mediator may also permit a party’s lawyers or counsellors or any person to attend the dispute mediation.
Section 27. While the dispute mediation is in progress, any party has the right to withdraw from the dispute mediation by giving written notification thereof to the mediator.
Section 28. In the dispute mediation, the parties have the right to enter into negotiations with a view to reaching mutual agreement freely, provided that such agreement shall not be expressly prohibited by law, impossible or contrary to public order or good morals.
Section 29. The following facts arising from the dispute mediation proceedings shall not be admissible into evidence in the conduct of judicial proceedings, arbitral proceedings or any other proceedings except for the purpose of the enforcement of a settlement agreement:
(1) the parties’ intention or willingness to engage in the dispute mediation;
(2) views or suggestions on ways or means for mediating the dispute of the parties;
(3) admissions or statements made by the parties in the course of the dispute mediation;
(4) any proposals made by the mediator;
(5) facts indicating the willingness to accept a proposal in the dispute mediation;
(6) documents which are prepared solely for the purposes of use, or which are solely used, in the dispute mediation.
Any existing evidence or fact which is otherwise admissible into evidence in judicial proceedings, arbitral proceedings or any other proceedings does not become inadmissible under paragraph one as a consequence of its use by any party in the dispute mediation.
Section 30. When parties have reached any agreement, the mediator shall prepare a memorandum of agreement for the dispute mediation or cause a memorandum of settlement agreement to be prepared in writing. For this purpose, the parties and the mediator shall enter signatures thereon.
The memorandum of agreement under paragraph one shall at least contain details as follows:
(1) names and addresses of the parties;
(2) the dispute under the law;
(3) willingness to engage in the dispute mediation;
(4) the fundamental substance of the agreement in consequence of the dispute mediation, such as compensation for damage, conditions requiring the parties’ compliance or forbearance, a period of time for taking action or the agreement to waive compensation for damage.
Section 31. Dispute mediation proceedings terminate in the cases as follows:
(1) the parties have concluded a settlement agreement;
(2) a party withdraws from the dispute mediation under section 27;
(3) the mediator considers that further conduct of the dispute mediation is not useful and directs termination of the dispute mediation.
PART II
ENFORCEMENT OF A DISPUTE RESOLUTION AGREEMENT
Section 32. When a party has demanded the other party to perform the settlement agreement but the party against whom the demand is made fails to perform the settlement agreement, the party making the demand may file with the Court a request for the enforcement of the settlement agreement.
A request under paragraph one shall be made within three years as from the date on which a settlement agreement is enforceable. If a request is not made within such time limit, the obligation forming the basis of such settlement agreement shall be extinguished.
A request under paragraph one shall be filed with the Court of Justice in whose jurisdiction the settlement agreement is concluded or the Court of Justice in whose jurisdiction any party has a domicile or the Court of Justice which has jurisdiction to try and adjudicate the dispute to which the mediation relates and shall be subject to payment of the Court fee under the Civil Procedure Code at the same rate as that applicable to a request to the Court for the enforcement of a domestic arbitral award.
Section 33. The Court shall issue an order for the enforcement of a settlement agreement unless it is apparent to the Court, or the party against whom the agreement is intended to be enforced proves, that:
(1) either party has deficiency as regards the capacity to conclude the settlement agreement;
(2) a ground of the dispute or the settlement agreement is, in essence, expressly prohibited by law, impossible or contrary to public order or good morals;
(3) the settlement agreement has been procured by fraud, coercion, a threat or an otherwise unlawful act;
(4) there exists an incidence as regards the appointment of the mediator under section 24 which materially affects the preparation of the memorandum of agreement.
An order of the Court under paragraph one shall not be appealed against unless:
(1) the Court issues an order refusing to enforce the settlement agreement;
(2) the Court issues an order in derogation from the settlement agreement;
(3) the Court issues an order enforcing the settlement agreement in violation of paragraph one.
A decision or an order of the Court at the appellate stage shall be final.
Section 34. The President of the Supreme Court, with the approval of a general assembly of the Supreme Court, has the power to issue Rules of Court concerning the filing of a request and the enforcement of a settlement agreement under section 32 and the issuance of an order under section 33. In this regard, the provisions of the Civil Procedure Code shall apply mutatis mutandis to matters other than those provided in this Act.
CHAPTER III
CRIMINAL DISPUTE MEDIATION
Section 35. Criminal dispute mediation is permissible in the following cases:
(1) compoundable offences;
(2) petty offences under section 390, section 391, section 392, section 393, section 394, section 395 and section 397 of the Penal Code and other petty offences not affecting the public as prescribed in the Royal Decree.
In the dispute mediation under paragraph one, when the parties have concluded a criminal settlement agreement, it shall be deemed that the right to institute a criminal action is extinguished only in respect of the parties that have concluded such agreement.
Section 36. In the conduct of the criminal dispute mediation, if the case is being pursued at the stage of inquiries or legal proceedings by the inquiry official, the Public Prosecutor or the Court, an agency conducting the dispute mediation or the Rights and Liberties Protection Department which has the duties and powers to exercise superintendence of the dispute mediation by a public-sector dispute mediation centre shall notify it to the inquiry official, the Public Prosecutor or the Court, as the case may be. The inquiry official, the Public Prosecutor or the Court may stay the inquiry, the delivery of orders for the case or the trial or adjudication of the case, as the case may be, for the time being until the result of the dispute mediation is known.
When the criminal dispute mediation ends, the agency conducting the dispute mediation or the Rights and Liberties Protection Department shall notify the result of the dispute mediation to the inquiry official, the Public Prosecutor or the Court. In the case where the parties have successfully reached a criminal settlement agreement, a copy of a memorandum of such agreement shall also be furnished.
In the case where the criminal dispute mediation is unsuccessful, the inquiry official, the Public Prosecutor or the Court shall further proceed with the inquiries, the delivery of orders for the case or the trial and adjudication of the case.
Section 37. If the parties have concluded an agreement for settlement of a criminal dispute in respect of which any party may have the right to institute a civil action connected with a criminal action under the Criminal Procedure Code, the right to institute a criminal action shall be extinguished when the parties have already performed the settlement agreement in respect of the civil matters. In the case where any party fails to perform the settlement agreement in respect of the civil matters, the other party may take action in making a request for the enforcement of the settlement agreement under section 32.
In the case under paragraph one where a settlement agreement allows any party to have the benefit of the time for the performance of the agreement, the provisions of section 6 shall apply in the case where such party fails to perform the agreement.
Section 38. In the case where the provisions of this Chapter do not provide any particular proceeding in a criminal dispute mediation, the provisions of Chapter II, Civil Dispute Mediation, shall apply to the criminal dispute mediation mutatis mutandis.
CHAPTER IV
CRIMINAL DISPUTE MEDIATION AT THE INQUIRY STAGE
PART I
GENERAL PROVISIONS
Section 39. In this Chapter:
“criminal dispute mediation” means the criminal dispute mediation at the inquiry stage, whereby the inquiry official provides the parties to a criminal case with opportunities to negotiate, reach agreement or provide remedies for damage, with a view to extinguishing the criminal case;
“parties” means the alleged offender and the injured person in a criminal case, excluding a criminal case in respect of which the State or a State agency is the injured person.
Section 40. When the inquiry official who is competent to issue orders has issued an order for the criminal dispute mediation under section 44, a period of prescription for taking criminal proceedings shall cease to run and when the inquiry official who is competent to issue orders has issued an order for further pursuing legal proceedings under section 61, the period of prescription for taking legal proceedings shall rerun as from such time.
Inquiry officials who are competent to issue orders for criminal dispute mediation shall be in accordance with the Rule prescribed by the Commissioner-General of the Royal Thai Police, Permanent Secretary for Defence, Permanent Secretary for Interior or Permanent Secretary for Justice or the Regulation prescribed by the Attorney-General, as the case may be.
For the purpose of criminal dispute mediation, if there is no circumstantial risk of an escape by the alleged offender, the provisions on prosecution and postponement of prosecution under the law on the establishment of Khwaeng Courts and Criminal Procedures in Khwaeng Courts and the custody as well as detention under the Criminal Procedure Code shall not apply until the inquiry official who is competent to issue orders issues an order for taking further legal proceedings and the period of time for prosecution, postponement of prosecution, custody and detention shall commence as from such time.
In the case under paragraph three, if the alleged offender is granted a provisional release at the inquiry stage, the provisions on the period of time under section 113 of the Criminal Procedure Code shall not apply.
Section 41. Criminal dispute mediation at the inquiry stage is permissible in cases involving offences as follows:
(1) cases involving compoundable offences;
(2) cases involving petty offences under section 390, section 391, section 392, section 393, section 394, section 395 and section 397 of the Penal Code and other petty offences not affecting the public as prescribed in the Royal Decree;
(3) offences punishable with maximum imprisonment term not exceeding three years as specified in the Schedule annexed to this Act.
Section 42. Cases involving offences under section 41 (3) must be cases in which:
(1) the alleged offender has never undergone criminal dispute mediation under this Act except for cases involving offences committed through negligence or petty offences, where a period exceeding three years has elapsed as from the order for discontinuance of the proceedings; and
(2) the alleged offender is not serving a sentence for imprisonment by a final judgment or has been released from the punishment for a period exceeding five years, except for cases involving offences committed through negligence, cases involving petty offences or cases involving offences committed at the time when the offender is below eighteen years of age.
Section 43. In a case capable of criminal dispute mediation, the inquiry official shall, at the earliest opportunity, inform the parties of their right to request for criminal dispute mediation.
Section 44. When both parties are willing and intend to engage in criminal dispute mediation and the case concerned is not pending trial of the Court, the parties shall submit a request for criminal dispute mediation to the inquiry official. The inquiry official shall issue an opinion thereon. If the inquiry official who is competent to issue orders is of the opinion that the circumstances of the commission of the offence are not serious and do not have severe impacts on the society as a whole, an order shall be issued for criminal dispute mediation.
The submission of a request for criminal dispute mediation, the consideration and a period of time for decision upon the request and proceedings for criminal dispute mediation under the provisions of this Chapter shall be in accordance with the rules, procedures and conditions in the Rule prescribed by the Commissioner-General of the Royal Thai Police, Permanent Secretary for Defence, Permanent Secretary for Interior or Permanent Secretary for Justice or the Regulation prescribed by the Attorney-General, as the case may be.
Section 45. In the case where there are several injured persons, the injured persons engaging in criminal dispute mediation must be willing and intend to engage in criminal dispute mediation.
In the case where there are more than two parties and any party is not willing to engage in the dispute mediation, the dispute mediation may be conducted amongst parties that are willing to engage therein.
Section 46. The person with the power to manage affairs on behalf of the injured person under the Criminal Procedure Code shall have the power to manage affairs on behalf of the injured person in relation to criminal dispute mediation under this Act, provided that it shall not be contrary to or against the intention of the injured person.
Section 47. In the case where the provisions of this Chapter do not provide any particular proceeding in a criminal dispute mediation at the inquiry stage, the provisions of Chapter II, Civil Dispute Mediation, and Chapter III, Criminal Dispute Mediation, shall apply to the criminal dispute mediation at the inquiry stage mutatis mutandis.
PART II
MEDIATORS
Section 48. A person who intends to be registered as a mediator in accordance with the provisions of this Chapter shall submit an application to the Commissioner-General of the Royal Thai Police, Permanent Secretary for Defence, Permanent Secretary for Interior, Permanent Secretary for Justice or the Attorney-General, as the case may be, as the Registrar, and the provisions of section 9 shall apply mutatis mutandis.
A mediator under paragraph one shall possess the qualifications and shall not be under prohibitions under section 10.
Section 49. The inquiry official shall cause to be held a meeting between parties for the selection and appointment of a mediator within seven days as from the date on which the inquiry official who is competent to issue orders issues an order for criminal dispute mediation. If the parties fail to agree on the selection of a mediator, the inquiry official shall select and appoint a mediator and notify it to the mediator and the parties.
The selection and appointment of a mediator under paragraph one shall be in accordance with the rules, procedures and conditions in the Rule prescribed by the Commissioner-General of the Royal Thai Police, Permanent Secretary for Defence, Permanent Secretary for Interior or Permanent Secretary for Justice or the Regulation prescribed by the Attorney-General, as the case may be.
PART III
PROCEEDINGS FOR CRIMINAL DISPUTE MEDIATION AT THE INQUIRY STAGE
Section 50. The inquiry official shall make the first appointment for criminal dispute mediation within seven days as from the date of the appointment of the mediator and notify it to the mediator and the parties.
In the case of a cause of necessity preventing the action from being taken within the period of time under paragraph one, the inquiry official may address to the inquiry official who is competent to issue orders a request for an extension of the period of time for not more than seven days.
Section 51. The parties shall attend criminal dispute mediation in person and have the right to allow not more than two trusted persons.
If the party who is the alleged offender is a minor, parents, a guardian, a psychologist or a social worker shall also attend criminal dispute mediation.
Criminal dispute mediation under this Chapter shall be conducted in camera.
Section 52. In criminal dispute mediation, if an interpreter is necessary, the inquiry official shall provide an interpreter.
Section 53. Before commencing criminal dispute mediation, the mediator shall explain to the parties circumstances of the acts committed by the party who is the alleged offender as revealed in the complaint, other facts relating to the case, proceedings and legal consequences of the criminal dispute mediation and the right to terminate the criminal dispute mediation.
For the purpose of criminal dispute mediation, the inquiry official shall give co-operation to the mediator in the interest of gaining knowledge of circumstances and other facts under paragraph one.
Section 54. The mediator shall perform duties on the basis of integrity and impartiality and shall assist and support the parties in conducting negotiations with a view to the voluntary settlement of the case.
Section 55. Criminal dispute mediation shall be completed within thirty days as from the date of the first appointment for the criminal dispute mediation except that, where there exists a cause of necessity or it is the case in which there is a reasonable cause to believe that the parties may reach agreement, the mediator may proceed with it for a further period not exceeding thirty days, provided that such cause shall be noted down.
In the case where the mediator may be removed under section 15 or in the case where the status as a mediator terminates under section 17, the period of time under paragraph one shall begin to run as from the date of the first appointment for criminal dispute mediation following the appointment of a new mediator.
Section 56. In the criminal dispute mediation, the parties have the right to enter into negotiations with a view to reaching mutual agreement freely, provided that such agreement shall not be contrary to the law, impossible or contrary to public order or good morals.
In the case where the injured person is a minor, the agreement under paragraph one shall not be contrary to or against the intention of the minor as well.
Section 57. When the parties have reached their agreement, the mediator shall prepare a memorandum of agreement or cause a memorandum of agreement to be prepared in writing, and the parties as well as the mediator shall sign it. Thereafter, the mediator shall furnish the memorandum of agreement to the inquiry official.
The memorandum of agreement under paragraph one shall at least contain the details as follows:
(1) names and addresses of the parties;
(2) the alleged circumstances;
(3) the alleged offence and rate of penalty under the law;
(4) willingness to engage in the criminal dispute mediation;
(5) the fundamental substance of the agreement in consequence of the criminal dispute mediation, such as compensation of damage, conditions requiring the parties’ compliance or forbearance and the period of time therefor or the agreement to waive compensation for damage.
PART IV
TERMINATION OF CRIMINAL DISPUTE MEDIATION AT THE INQUIRY STAGE
Section 58. Any party may, at any time, declare withdrawal in order that the criminal dispute mediation shall terminate.
In the case where any party consists of several persons, the declaration of withdrawal by any particular person or persons for terminating the criminal dispute mediation shall not prejudice the criminal dispute mediation of the remaining persons in both parties.
Section 59. The mediator may terminate the criminal dispute mediation upon the occurrence of any of the following facts:
(1) any party or both parties fail to attend the criminal dispute mediation without giving notification or without any reasonable cause or, in the circumstances, fail to give co-operation in the criminal dispute mediation;
(2) there is a reasonable cause to believe that the agreement in question fails to be concluded voluntarily;
(3) the criminal dispute mediation is certainly unable to achieve successful results;
(4) it is clear that further conduct of the criminal dispute mediation will be contrary to the interest of the party who is a minor;
(5) the parties are unable to negotiate for reaching an agreement towards the resolution of the conflict or are unable to remedy the ensuing damage.
Section 60. When it is apparent to the mediator that the injured person has filed a criminal action before the Court, whether before the inquiry or during the inquiry, the criminal dispute mediation shall terminate.
Section 61. The mediator shall report to the inquiry official the termination of the criminal dispute mediation under section 58, section 59 and section 60 within seven days as from the date of the termination thereof.
Upon receipt of the report on the termination of the criminal dispute mediation, the inquiry official who is competent to issue orders shall issue an order for taking further legal proceedings.
Section 62. In the criminal dispute mediation under this Chapter, if it appears to the mediator that the right to institute a criminal action is extinguished under the Criminal Procedure Code, the mediator shall terminate the criminal dispute mediation and report it to the inquiry official for taking further action.
In the case of several offenders, if the right to institute a criminal action is extinguished only in respect of some offenders, the mediator shall proceed with the criminal dispute mediation in respect of remaining offenders.
Section 63. In a case involving the commission of a single act violating several provisions of law, if the offence under the provision of law carrying the heaviest punishment has reached a successful result of the criminal dispute mediation under this Act, it shall be deemed that the right to institute a criminal action in respect of other offences is also extinguished, but if the offence which has reached a successful result of the criminal dispute mediation is an offence carrying less or the least heavy punishment, it shall not have the effect of extinguishing the right to institute a criminal action in respect of offences carrying heavier or the heaviest punishment.
PART V
RESULTS OF CRIMINAL DISPUTE MEDIATION AT THE INQUIRY STAGE
Section 64. When the party has undertaken the performance as required by the memorandum of agreement under section 57, the party shall notify it to the inquiry official for preparing a memorandum of the agreed performance to be referred to the Public Prosecutor together with the briefs of the inquiry and relevant documents for considering the issuance of an order that the case be discontinued.
In the case where the performance as required by the memorandum of agreement has been incompletely undertaken, the party shall notify it to the inquiry official for referring the matter to the inquiry official who is competent to issue orders for considering the issuance of an order that legal proceedings be further continued except that, where the injured party is satisfied with the performance previously undertaken as required by the agreement, the party shall notify it to the inquiry official for taking action under paragraph one.
Section 65. If it appears to the inquiry official that the party that is the alleged offender intentionally fails to perform the agreement without any reasonable cause, the inquiry official who is competent to issue orders shall issue an order that legal proceedings be further continued.
Section 66. When the Public Prosecutor issues an order that the case be discontinued, the right to institute a criminal action shall be extinguished.
In the case of several injured persons, if any injured person is unable to conclude an agreement with the alleged offender, such injured person’s right to institute a criminal action shall not be extinguished.
Section 67. Criminal dispute mediation does not preclude the inquiry official’s power to conduct further inquiries.
CHAPTER V
PUBLIC SECTOR DISPUTE MEDIATION
Section 68. The Rights and Liberties Protection Department of the Ministry of Justice shall promote and encourage public congregation into a public-sector dispute mediation centre for carrying out affairs in connection with public sector dispute mediation.
A mediator of a public-sector dispute mediation centre shall possess the qualifications and shall not be under the prohibitions under section 10.
The Director-General of the Rights and Liberties Protection Department shall be the Registrar of public-sector dispute mediation centres.
The Rights and Liberties Protection Department shall have the duty and power to superintend dispute mediation of a public-sector dispute mediation centre to ensure compliance with this Act.
Section 69. Subject to section 20, dispute mediation by a public-sector dispute mediation centre is permissible in the following cases:
(1) a civil dispute of which the amount of claim does not exceed five hundred thousand Baht or does not exceed such amount as prescribed in the Royal Decree;
(2) such other civil disputes other than those in (1) as prescribed in the Royal Decree;
(3) criminal disputes under section 35.
In the case where the Rights and Liberties Protection Department considers that the dispute mediation by a public-sector dispute mediation centre on any matter has been conducted in accordance with this Act and has issued a certificate to such effect, the dispute settlement agreement in question shall be enforceable or the right to institute a criminal action shall be extinguished under this Act.
Section 70. The Rights and Liberties Protection Department shall grant financial support for funding operational costs of public-sector dispute mediation centres in accordance with the Rule prescribed by the Director-General of the Rights and Liberties Protection Department with the approval of the Ministry of Finance.
CHAPTER VI
PENALTIES
Section 71. Any mediator who unduly demands, accepts or agrees to accept property or any other benefit for himself or another person for the purpose of performing or refraining from performing any act in the course of duty, whether such act is contrary to the performance of the duty or not, shall be liable to imprisonment for a term not exceeding five years or to a fine not exceeding one hundred thousand Baht or to both.
Section 72. Any person who gives, offers to give or agrees to give property or any other benefit to a mediator for inducing the performance of any act or the omission or a delay in the performance of any act, which is contrary to the performance of the duty, shall be liable to imprisonment for a term not exceeding five years or to a fine not exceeding one hundred thousand Baht or to both.
Countersigned by:
General Prayut Chan-o-cha
Prime Minister
SCHEDULE ANNEXED TO THE DISPUTE MEDIATION ACT, B.E. 2562 (2019)
Offences under the Penal Code as follows:
(1) an offence of participating in a chaotic affray causing death therefrom under section 294 paragraph one;
(2) an offence of causing bodily harm under section 295;
(3) an offence of causing bodily harm with an aggravated factor under section 296;
(4) an offence of participating in a chaotic affray causing a person to suffer serious injury therefrom under section 299 paragraph one;
(5) an offence of negligently causing another person to suffer serious injury under section 300;
(6) an offence of theft under section 334.
Disclaimer: This English translation is provided for general understanding only and has no legal authority.
In case of any discrepancy, the official Thai version, as published in the Royal Thai Government Gazette, shall prevail.