ศาลอุทธรณ์
The Court of Appeal
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ศาลอุทธรณ์

Mediation Process in the Court of Appeal

             One of the important policies of the Court of Justice is enhancing of mediation cases in the High Court level. At the present, the courts in the High Court level, which has already been implemented in many jurisdictions such as the Court of Appeal, the Court of Appeal Region I - IX, the Court of Appeal for Specialized Cases or the Supreme Court. To make the mediation proceeding in the High Court level is in the same and effective approach by virtue of the directive of the President of the Supreme Court on Mediation matters B.E. 2011, the directive of the President of the Supreme Court on Mediation matters (Issue II) B.E. 2017, the Rule of the Judicial Administration Commission on Mediation in Criminal Cases B.E. 2017, and the Rule of Mediation in the Court of Appeal B.E. 2018 which has established guidelines for mediation is affiliated with mediation in the courts of first instance. For the most benefit to the parties, the principle of the directive of the Supreme Court is mentioned that the courts of first instance shall support mediation in the High Court level as well.

             The mediation during trial of the Court of Appeal, the mediation may be arranged by the Court of Appeal to seek for a mutually acceptable solution for the pending case. If the parties can reach an agreement as a result of the mediation, the parties may then withdraw the plaint or enter into a compromise agreement. Such agreement may be proffered to the judges responsible for the relevant cases; the judges then may render a judgment on agreed-terms. In the case that the parties can settle only some of the issues in dispute, the court will conduct the proceeding for the remaining issues. The parties to the dispute may contact the mediation center of the courts of first instance or the Court of Appeal and request the mediation center to conduct the mediation process either before the hearing date or during the court trial, notwithstanding that the case is in the courts of first instance or the Court of Appeal.

            The person who performs his/her duty to mediate in the Court of Appeal is a justice/judge or a mediator.

             Entering into the dispute mediation process in the Court of Appeal shall be divided into 2 periods.

             1. Mediation of disputes in the Court of Appeal by the court of first instance. Please contact the court of first instance where the parties have filed a case.

             2. Mediation of disputes in the Court of Appeal. Please contact the Court of Appeal. Recently, the Court of Appeal has developed the alternative dispute resolution processes, such as the new fast track system and the online – mediation system. New regulation on E-Mediation has been passed. The mediation center is now under the supervision of the specialized judges.