A new amendment to the Thailand Civil Procedure Law was adorned on September 5th, 2020 that provides additional information on mediation between parties to a legal dispute. According to the amendment, the competent court may lodge a petition asking the court to appoint a mediator if there is a compromise between the parties and the court. The law comes in to force from November 7, 2020 onwards.
Adding a new legal method of mediation before filing a lawsuit may be something that will help the case finish faster and avoid having to pay court fees. Before mediation, it is extremely important to prepare for a compromise agreement to avoid further disputes.
Thailand Accident and Injury Lawyer Jiraporn Thongphong stated that, even before the new amendment, Thailand courts provided many opportunities to mediate between the parties. As a practical matter, Jiraporn notes that mediation is often unproductive, particularly when the defendant is uncooperative. In such a case, the delay of mediation may be more harmful to the plaintiff, because until a judgment is obtained and enforced, the plaintiff does not need any compensation for their injury.
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