Laws and Procedures for Mediating Administrative Disputes

Abstract

This article aimed to examine the concepts and methods of alternative dispute resolution, including the laws and procedures for mediating administrative disputes. The study was conducted through documentary research, drawing on sources such as administrative law, academic literature, and information from the Office of the Administrative Courts. The findings indicated that: (1) alternative dispute resolution comprised various methods for resolving conflicts and disputes outside the litigation process, including negotiation, mediation, and arbitration. (2) The mediation of administrative disputes was governed by the Administrative Court Establishment and Administrative Court Procedure Act (No. 12) B.E. 2562 (2019), which added Part 2/1 on mediation, Sections 66/1 to 66/12. Mediation served as an alternative mechanism for resolving administrative disputes that was simple, expedited the settlement of cases, and demonstrated a high success rate. Most mediated cases involved administrative contracts, and the Central Administrative Court received the highest number of mediation cases. (3) The mediation of administrative disputes, however, had several limitations, including restrictions on the types of cases eligible for mediation, the qualifications of mediators, procedural requirements, and the parties’ understanding of the mediation process. The recommendations suggested that: (1) the Administrative Courts’ authority to mediate administrative disputes should be expanded; (2) mediators other than administrative judges should be appointed; (3) pre-filing mediation should be encouraged; and (4) an Administrative Dispute Mediation Center should be established to enhance knowledge and understanding among government officials and the public.