Preface Table of Contents The Annual Report on Mediation was established in 2019, aiming to promote and build trust in mediation in and to provide information to who is interested in alternative Preface dispute resolution (ADR), and in particular, mediation. The Report consists of 3 parts: Part 1 5 • Part 1, Statistics of mediation cases conducted by Institutions and/ar Agencies Statistics of mediation cases conducted by Institutions operating Mediation; and/or Agencies operating Mediation • Part 2, Academic movements on mediation in Thailand in the period January - December 2019; • Part 3, Statistics and significant sctivities soncerning sediation sonducted by the Part 2 19 Thailand Arbitration Center (THAC). Academic movements on mediation in Thailand in the In 2020, the Thailand Arbitration Center (THAC) with the cooperation of other institu- tions and agencies, operating in the mediation field, continued the promotion of mediation periodJanuary - December 2019 in Thailand, preparing the second edition of the Annual Report on Mediation. 27 The Thailand Arbitration Center (THAC) truly appreciate all the support and cooperation Part 3 received and therefore would like to thank all the institutions and agencies who Statistics and significant activities concerning mediation participated in the report.. We sincerely hope that the Annual Report on Mediation will be beneficial for everyone interested in mediation. conducted by the Thailand Arbitration Center (THAC). For comments and suggestions to improve the quality of the Annual Report, please contact the Thailand Arbitration Center (THAC) at [email protected]

Thailand Arbitration Center Part 1 Statistics of mediation cases conducted by Institutions and/or Agencies operating Mediation Report on Mediation and Conciliation Results (Civil Cases, Consumer Cases, and Criminal Cases of All Courts) from January - December 2019 Office of the Judiciary

Cases Cases entering into mediation system Mediation results Costs for cases Cases Settled entering Cases No Courts successfully Pending into disposed Compro- Withdrawn Total Total Costs Settled courts Previous New Total Settled Failed mediated mised 1 High Court 21,773 292 205 497 7 91 97 129,201,091.76 302 158 54 212 1,289,531,314.23 2 Court of Justice, 47,402 7,151 14,370 21,571 858 11,222 2,017 50,138,432,931.62 7,424 4,845 14,060 18,905 71,363,032,960.74 3 Special Tribunal - Special- 22,220 5,777 8,828 14,605 1,332 4,885 2,724 7,441,689,333.16 5,664 3,942 5,046 8,988 40,350,676,103.55 ized Court 4 Provincial Court of Justice 207,417 14,665 54,120 68,785 2,765 47,268 4,586 16,767,782,602.70 14,166 17,267 65,510 82,777 44,649,771,947.41 1 5 Provincial Court of Justice 86,116 3,556 27,558 31,114 239 25,831 1,585 12,646,575,653.10 3,459 5,892 30,346 36,238 26,557,488,186.92 2 6 Provincial Court of Justice 128,660 2,100 45,169 47,269 151 43,938 1,080 15,764,558,880.77 2,100 7,920 46,385 54,305 20,583,875,757.19 3 7 Provincial Court of Justice 136,977 2,729 34,702 37,431 392 33,591 762 10,851,083,273.38 2,686 7,905 42,975 50,880 89,916,689,103.27 4 8 Provincial Court of Justice 102,664 1,963 27,873 29,836 481 26,636 696 49,480,295,203.15 2,023 4,466 30,850 35,316 19,711,973,170.05 5 9 Provincial Court of Justice 75,908 2,737 25,742 28,479 210 24,621 932 9,091,592,836.57 2,716 4,996 27,695 32,691 14,061,525,163.41 6 10 Provincial Court of Justice 69,118 4,414 21,240 25,654 744 19,730 834 13,047,611,031.23 4,346 5,388 21,819 27,207 20,260,551,823.95 7 11 Provincial Court of Justice 71,683 6,350 32,744 39,094 6,731 24,893 1,391 14,980,175,584.17 6,079 4,243 25,181 29,424 16,933,737,753.49 8 12 Provincial Court of Justice 55,887 2,012 20,353 22,365 624 19,250 554 6,283,992,469.54 1,937 2,901 20,409 23,310 113,333,562,342.41 9 13 Criminal Court on Corrup- 0 4 2 6 0 0 2 0 4 0 0 0 0 tion Cases Total Cases 1,025,825 53,750 312,906 366,656 14,534 281,956 17,260 206,622,990,891.15 52,906 69,923 330,330 400,253 479,012,415,626.62

The Annual Report on Mediation was established in 2019 The Annual Report on Mediation was established in 2019 6 Thailand Arbitration Center Thailand Arbitration Center 7 Civil Court Statistics of conciliation cases of the Mediation and Conciliation Center, the Civil Court, 2019

New cases entering into the Center Cases Settled

Cases of Appeal/ Compromised Withdrawn Month Consumer Petition Legacy Total Costs of Civil cases cases Consumer Mediation Cases of Consumer Mediation Cases cases Cases Settled Civil Cases Civil Cases Consumer Cases Civil Cases Cases Appeal/Petition Cases of Appeal/Petition Jan 157 171 1 - 78 110 0 27 45 0 1 1,058,275,709.94 Feb 218 226 1 - 86 154 0 78 57 0 2 1,068,445,895.43 Mar 237 269 - 1 102 192 0 54 52 0 0 1,495,855,412.42 Apr 176 192 - 1 85 135 0 50 51 0 0 1,221,945,355.66 May 237 233 - - 135 143 0 56 60 0 0 821,558,908.45 Jun 221 259 3 - 135 159 0 42 55 0 0 2,131,210,977.74 July 198 294 0 - 109 168 0 40 53 0 0 1,482,834,949.91 Aug 217 447 2 - 128 271 0 58 64 0 0 1,008,489,978.16 Sep 178 284 2 - 100 195 2 45 61 0 2 2,179,876,451.52 Oct 224 243 0 - 139 156 0 52 56 0 1 1,692,786,149.00 Nov 226 246 2 - 135 177 2 56 43 0 0 1,042,462,425.19 Dec 190 286 - - 140 224 0 57 74 0 0 1,407,504,089.25 Total 2,479 3,150 11 2 1,372 2,084 4 615 671 0 6 16,611,246,302.67

The Annual Report on Mediation was established in 2019 The Annual Report on Mediation was established in 2019 8 Thailand Arbitration Center Thailand Arbitration Center 9 Types of Cases Entering into the Mediation and Conciliation System of the Southern Bangkok Civil Court (Civil Cases) 2019 Number of Results Case Number of Results Case Types of Cases Types of Cases Cases Settled Failed Disposed Cases Settled Failed Disposed Management of affairs without a man- Agreement 2 2 - - 3 3 - - date Breach of an insurance agreement 4 2 2 - Unjust enrichment 1 1 - - Reclamation of property 14 8 2 4 Violation 163 80 41 42 Assignment of claims 2 1 1 - Trading 50 36 7 7 Share assets 5 4 - 1 Hire of property 15 8 3 4 Arbitration 2 - 1 1 Hire purchase 12 10 2 - Revocation of sale by auction 1 - 1 - Hire workers 1 1 - - Penalty for Breach of agreement 1 - - 1 Hire to work 60 27 17 16 Overdraft 16 12 4 - Transport 1 - 1 - Claim damages 7 7 - - Borrow 56 32 11 13 Revocation of registration 3 - 1 2 Mortgage 3 3 - - Frau 3 1 1 1 Agent 4 2 2 - Payback 1 - 1 - Broker 3 1 1 1 Transfer of land ownership 1 1 - - Compromise 3 1 1 1 Insurance 1 - - 1 Current account 6 6 - - Revocation of offering 1 - - 1 Insurance 2 1 1 - Revocation of meeting resolution 3 2 - 1 Bill 31 21 7 3 Liability for Wrongful Act of 1 - 1 - Asset 1 1 - - Officials Act Land 2 - 1 1 Adverse possession 2 - 2 - Eviction 65 54 3 8 Demolishment of building 3 3 - - Public way 2 - 2 - Not specified 355 217 91 47 Easement by necessity 2 - 2 - Total 989 588 229 172 Co-ownership 7 5 - 2 Servitude 5 1 3 1 Other inheritance 7 4 1 2 Managing inheritance 31 17 9 5 Concealed act 1 - 1 - Revocation of act 17 7 5 5 Acknowledgement of debt 5 5 - - Subrogation 2 1 - 1

The Annual Report on Mediation was established in 2019 The Annual Report on Mediation was established in 2019 10 Thailand Arbitration Center Thailand Arbitration Center 11 Types of cases cntered into the Mediation and Conciliation Department of Intellectual Property System of the Southern Bangkok Civil Dispute Statistics Court (Consumer Cases) 2019 Types of Cases entering Year Month Mediated Failed In progress work mediation Number of Results Case Types of Cases Cases Settled Failed Disposed 2 2 - - Jan Copyright Not specified 529 366 102 61 Trademark - - - 1 - 1 - Total 529 366 102 61 Feb Petty patent Trademark 1 - - Bangkok South Municipal Court Mar Copyright 1 - 1 - Mediation and Conciliation Center, Apr Copyright 1 1 - - Bangkok South Municipal Court has examined the case May Copyright 1 - 1 - statistics 2019 Jul Patent 1 - 1 - 2019 Cases entered into 1 - 1 - Completed Pending Total costs Aug Petty patent the center Trademark - 1 - 1,409 cases 1,370 cases 39 cases 171,094,966.02 Baht Sep Trademark 3 - 3 - Oct Copyright 2 - 2 - Trademark 1 1 - - Nov Copyright 1 1 - - Dec - - - - - Total 19 6 13 -

The Annual Report on Mediation was established in 2019 The Annual Report on Mediation was established in 2019 12 Thailand Arbitration Center Thailand Arbitration Center 13 Legal Execution Department Cases successfully Results mediated New cases Total cases entering into Month Mediated Failed Failed to mediate Percentage of the mediation (Mediated + Failed) parties entering Cases Costs Cases Costs Cases Costs Cases Costs Cases Costs into mediation

January 2,216 1,240,820,725.20 1,593 518,072,339.30 192 211,453,768.41 1,785 729,526,107.71 471 377,496,335.24 89.24

February 7,278 2,745,750,778.55 5,058 1,579,461,107.35 471 221,832,323.51 5,529 1,801,293,430.86 1,711 199,547,928.84 91.48

March 1,784 704,648,723.66 1,219 1,101,615,325.25 172 88,624,454.45 1,391 1,190,239,779.70 366 155,393,292.43 87.63

April 3,495 1,731,149,249.29 2,619 667,096,474.24 286 109,243,250.90 2.905 776,339,725.14 657 421,389,837.36 90.15

May 4,843 1,717,454,521.27 3,610 1,033,018,567.55 483 203,335,324.56 4,093 1,236,353,892.11 604 728,930,734.21 88.2

June 3,171 1,606,072,583.33 2,480 950,046,467.10 300 407,677,472.69 2,780 1,357,723,939.79 372 243,104,476.80 89.21

July 3,116 1,266,554,673.57 2,305 693,808,878.58 181 1,433,182,185.13 2,486 2,126,991,063.71 599 391,301,788.61 92.72

August 2,980 1,386,890,640.38 2,315 842,560,143.31 150 168,313,603.07 2,465 1,010,873,746.38 433 339,122,371.15 93.91

September 3,286 1,130,395,582.93 2,667 712,195,999.20 182 55,221,727.52 2,849 767,417,726,72 313 197,508,922.44 93.61

October 2,300 1,088,346,523.91 1,880 670,496,393.58 89 95,518,142.81 1,969 766,014,536.39 511 737,955,866.55 95.48

November 2,845 5,058,990,989.41 2,281 863,310,217.84 160 150,730,769.89 2,441 1,014,040,987.73 453 2,996,322,979.11 93.45

December 2,663 861,883,555.73 1,861 528,543,980.30 119 166,697,358.81 1,980 695,241,339.11 703 748,222,850.43 93.99

Total 39,977 2,053,895,854,723 29,888 10,160,225,893.60 2,785 3,311,830,381.75 32,673 13,472,056,275.35 7,193 7,536,297,383.17 91.48

The Annual Report on Mediation was established in 2019 The Annual Report on Mediation was established in 2019 14 Thailand Arbitration Center Thailand Arbitration Center 15 Statistics of Mediation and Conciliation Results of the Department Statistics of Conciliation Cases of the Conciliation Center, the of Provincial Administration from January - December 2019 Rights and Liberties Protection Department (6,593 total cases in mediation, 6,244 cases mediated, or 95%) (From January to December 2019)

All In Completed Mediated Failed Unwanted Settled Forwarded B.E. 2562 (2019) Month Submitted progress (cases) (cases) (cases) (cases) (cases) (cases) (cases) (cases) Entering Successfully No. Types Costs for cases Jan into mediated 5 5 0 0 0 3 0 2 successfully mediated mediation (cases) and (Baht) Feb (cases) percentage 6 6 0 1 0 3 0 2 Mar 10 10 0 4 0 1 1 4 Civil disputes (According to the 6,593 6,244 500,565,159.82 1 Ministerial Regulation on Me- Apr 4 4 0 1 0 3 0 0 diation and Mediation for Civil Disputes, B.E. 2553 (2010)) 95% May 11 11 0 0 1 8 2 0 1.1 Land 1,935 1808 140,315,420.91 Jun 2 2 0 0 0 2 0 0

1.2 Inheritance 369 348 39,916,048.14 Jul 9 7 2 1 0 4 0 2 1.3 Civil disputes with costs not 4,289 4088 300,333,690.77 exceeding two hundred thou- Aug 6 6 0 0 1 4 0 1 sand baht Sep 4 4 0 1 0 1 0 2 Criminal disputes (According to Oct the Ministerial Regulation on 9 8 1 1 2 3 1 1 2 Mediation for Criminal Offenses, 70 60 Nov 9 8 1 0 0 5 0 3 B.E. 2553 (2010)), compounda- ble criminal offences Dec 4 4 0 0 0 3 0 1

Total 79 75 4 9 4 40 4 18

The Annual Report on Mediation was established in 2019 The Annual Report on Mediation was established in 2019 16 Thailand Arbitration Center Thailand Arbitration Center 17 Thailand Arbitration Center (THAC) Number of Mediation Cases From January - December 2019

Number of disputes Not accepting Amount of B.E. Completed entering to mediate claims (Baht) (cases)

2562 2,193,100 2 1 1 (2019) Bahth

Part 2 Academic movements on mediation in Thailand in the period January - December 2019

The Annual Report on Mediation was established in 2019 18 Thailand Arbitration Center Statistics on training, conferences and activities related to mediation in Thailand 2019 Training course on conflict management, Phuket 12 THAC 25-26/4/2019 Province Seminars, Training, Conferences, Activities Department of Internal ISOC accelerated social organization, informal debt 13 16/5/2019 No. Agency Title D/M/Y Security Operations solution, knowledge promotion to the NACC. Training course on conflict management at Vasidtee Global Mediation Forum 2019 at Pullman King 1 THAC 17-18/1/2019 14 THAC 16/5/2019 City Hotel, Suphanburi Province Power (Rang Nam) Seminar on “Reduction of Costs and Time for Business Program to promote knowledge in the alternative 2 THAC 31/1/2019 15 THAC 19/5/2019 Dispute Resolution" dispute resolution, Surat Thani Provincial Justice Office promoted knowl- Conflict management program, Chanthaburi Surat Thani Provincial 16 THAC 20-21/6/2019 3 edge to the public by assigning Mrs Viyada Mama, Rights 6/2/2019 Province Justice Office and Liberties Protection Officer. 17 THAC Medical alternative dispute resolution program 26/6/2019 Khon Kaen Provincial Legal knowledge training course, “Community-Level Alternative dispute resolution in the construction 4 Rights Prosecutor's Office Mediation” for village leaders and community leaders, 13/2/2019 18 THAC 11/7/2019 business (Chum Phae Branch) Chum Phae , Provincial Legal Execution Office, Lom 5 THAC The 5th Conflict Management Program 21-22/2/2019 Phetchabun Provincial Sak Branch, organized the Brain Vitamin Project 19 5/7/2019 held the Conference of the Assistance Legal Execution Office under the Uppatham Yuttutham School Project in 6 Roi Et Province 25/2/2019 Sub-Committee No. 2/2019, Roi Et Province . Office of the Prosecu- Provincial Legal Execution Office organ- Chiang Mai Provincial tor for Rights Protection Mediation and mediation for community leaders train- 20 ized a project to create legal awareness for the 9/7/2019 7 30/2/2019 Legal Execution Office and Legal Aid and Legal ing course 2019 people in . Execution Provincial Legal Execution Office, Roi Et Province held the Conference of the Assistance Mae Hong Son Provincial Lom Sak Branch, organized the Brain Vitamin Project 8 Roi Et Province 20/3/2019 21 11/7/2019 Sub-Committee No. 3/2019, Roi Et Province Legal Execution Office under the Uppatham Yuttutham School Project in Samut Songkhram Provincial Justice Office held a con- ference for the project to support legal proceedings Nong Bua Lamphu Provincial Police Station organ- Samut Songkhram Pro- on public-sector dispute mediation of the Subdistrict Nong Bua Lamphu Pro- 9 29/3/2019 22 ized activities to mobilize the Public-Sector Dispute 12/7/2019 Dispute Resolution and Mediation Center as a pilot vincial Justice Office vincial Justice Office Mediation Center (pilot project) project for workshop activities of the Committee of the Rights and Liberties Protection Center. Chiang Mai Provincial Legal Execution Office, in Program to promote knowledge in the alternative Chiang Mai Provincial cooperation with the public and private sectors, 10 THAC 24/4/2019 23 14/7/2019 dispute resolution, Legal Execution Office organized an exhibition for the Dispute Mediation , , organized a program, Center in the Chiang Mai Province. Province prepared to work in the field of se- “Damrongdharma Center ... Amphoeyim Mobile Ser- 24 18/7/2019 11 Yala Province vice” with a conference of the Peace Council, Aiyer- 24/4/2019 curity and natural resources and the environment. weng Subdistrict, and provided a public service unit to Conflict Management Program at the Thailand 25 THAC 23-24/7/2019 acknowledge needs and troubles of the locals. Arbitration Center (THAC)

The Annual Report on Mediation was established in 2019 The Annual Report on Mediation was established in 2019 20 Thailand Arbitration Center Thailand Arbitration Center 21 Hod Branch organized the Brain Vitamin Project Chiang Rai Provincial Legal Execution Office, Thoeng Chiang Mai Provincial Chiang Rai Provincial Legal 26 under the Uppatham Yuttutham School Project 26/7/2019 37 Branch, participated in the project, “Amphoeyim 29/8/2019 Legal Execution Office Execution Office in Mae Hong Son Province in Chiang Mai Province. Mobile Service” The Brain Vitamin Project under the Uppatham Yut- Phrae Provincial Legal 38 THAC THAC National Mediation Competition 3-4/9/2019 27 tutham School Project in Mae Hong Son Province 2/8/2019 Execution Office Chiang Rai Provincial Legal Execution Office, Thoeng in Phrae Province. Chiang Rai Provincial 39 Branch, participated in the project, “Amphoeyim 6/9/2019 Legal Execution Office Meeting of the mediators of the Thailand Arbitration Mobile Service” 28 THAC Center under the event “THAC Starry Night GALA” 2/8/2019 Chiang Rai Provincial Legal Execution Office, Thoeng Chiang Rai Provincial at the S31 Hotel, The Chamber Room. 40 Branch, participated in the project, “Amphoeyim Mo- 12/9/2019 Samut Songkhram Provincial Justice Office to me- Legal Execution Office Samut Songkhram bile Service” 29 diate disputes with the public to reduce a burden 7/8/2019 Provincial Justice Office Mediation Training Course 9 at the Thailand Arbi- of prosecution. 41 THAC 16-19/9/2019 tration Center (THAC) Phrae Provincial Legal Execution Office participated Phrae Provincial Legal 30 in the project, “Public Healing Unit for People’s 8/8/2019 Samut Songkhram Provincial Justice Office to me- Execution Office Samut Songkhram Prov- Happiness" in Phrae Province 42 diate disputes with the public to reduce a burden 27/9/2019 ince Mediation Center Samut Songkhram Provincial Justice Office to me- of prosecution. Samut Songkhram 31 diate disputes with the public to reduce a burden 9/8/2019 Provincial Justice Office of prosecution. Phetchabun Provincial Legal Execution Office, Phetchabun Provincial Wichian Buri Branch participated in the project, Samut Songkhram Provincial Justice Office held a con- 43 18/10/2019 Samut Songkhram Pro- ference of the Community Justice Center Committee Legal Execution Office “Public Healing Unit for People’s Happiness" in 32 15/8/2019 vincial Justice Office in Kradangnga Subdistrict, Bang Khonthi District, Samut Phetchabun Province Songkhram Province. Phetchabun Provincial Legal Execution Office, Lom Phetchabun Provincial Samut Songkhram Provincial Justice Office held 44 Sak Branch, participated in the project, “- 18/10/2019 Samut Songkhram Legal Execution Office 33 a conference of the project to support legal pro- 21/8/2019 yim Mobile Service” Provincial Justice Office ceedings on public-sector dispute mediation 2019. “Somsak" presided over the opening of training to prepare mediators for registration under the Dispute Phrae Provincial Legal Execution Office, Lom Sak 45 Minister of Justice 21/10/2019 Phrae Provincial Legal Branch, organized the Brain Vitamin Project under Mediation Act B.E. 2562 (2019) by the Rights and Lib- 34 22/8/2019 Execution Office the Uppatham Yuttutham School Project in Phrae erties Protection Department, Ministry of Justice Province 46 THAC Forum on alternative dispute resolution 29/10/2019 Office of the Prosecutor Singburi Provincial Court participated in the train- for Rights Protection ing course, “Mediation for Participants Wishing for 35 Community-level mediation training course 27/8/2019 47 Singburi Provincial Court 5-6/11/2019 and Legal Aid and Legal Mediator Registration under the Dispute Mediation Execution Act, B.E. 2562 (2019), Generation 1” Betong District, Yala Province, organized a program, Phetchabun Provincial Legal Execution Office, 36 Yala Province “Damrongdharma Center ... Amphoeyim Mobile 28/8/2019 Phetchabun Provincial Wichian Buri Branch, participated in the project of 48 18/11/2019 Service” to proactively promote public services. Legal Execution Office Yuttitham Mobile Service, Phetchabun Province, the fiscal year 2020, No. 1/2020, November 2019

The Annual Report on Mediation was established in 2019 The Annual Report on Mediation was established in 2019 22 Thailand Arbitration Center Thailand Arbitration Center 23 Phetchabun Provincial Legal Execution Office, Lom Chiang Mai Provincial Legal Execution Office, Phetchabun Provincial 49 Sak Branch, participated in the project, “Public 18/11/2019 Chiang Mai Provincial in cooperation with Government Savings Bank, Legal Execution Office 61 21/12/2562 Healing Unit….Amphoeyim Mobile Service” Legal Execution Office organized an exhibition to mediate disputes in THAC, Rights and The signing ceremony of the agreement between execution in Chiang Mai Province 50 Liberties Protection the Thailand Arbitration Center (THAC) and the 19/11/2019 Chiang Mai Provincial Legal Execution Office, in cooperation with Krungthai Card Public Company Department Protection of Rights and Liberties Department Chiang Mai Provincial Legal 62 Limited, organized an exhibition to mediate disputes 21/12/2019 Phetchabun Provincial Legal Execution Office, Execution Office Phetchabun Provincial Lom Sak Branch, organized a project of traffic case in execution in Chiang Mai Province (with Krungthai 51 26/11/2019 Bank). Legal Execution Office enforcement to promote knowledge of legal en- Phetchabun Provincial Legal Execution Office, Lom forcement and laws in daily life. Phetchabun Provincial 63 Sak Branch, participated in the project, “Amphoe- 21/12/2019 Provincial and district personnel training course Legal Execution Office Department of Provincial yim Mobile Service” 52 for civil and criminal disputes, the fiscal year 2019, 26/11/2019 Administration Phetchabun Provincial Legal Execution Office, Lom Generation 1 Phetchabun Provincial 64 Sak Branch, participated in the project, “Public 21/12/2019 Chiang Mai Provincial Legal Execution Office, in co- Legal Execution Office Healing Unit….Amphoeyim Mobile Service” Chiang Mai Provincial operation with Toyota Leasing (Thailand) Company 53 26/11/2019 Legal Execution Office Limited, organized an exhibition for mediation in Phrae Provincial Legal Execution Office, Lom Sak Phetchabun Provincial Branch, organized a project of traffic case enforce- Chiang Mai Province. 65 21/12/2019 Legal Execution Office ment to promote knowledge of legal enforcement Phetchabun Provincial Legal Execution Office, and laws in daily life. Phetchabun Provincial Wichian Buri Branch, participated in the project, 54 27/11/2019 Samut Songkhram Provin- Legal Execution Office “Public Healing Unit….Amphoeyim Mobile Service” 66 Samut Songkhram Provincial Justice Office 27/12/2019 in Phetchabun Province cial Justice Office held a conference to follow up the performance of public agencies and gave 55 Kanchanaburi 28/11/2019 honour awards at the meeting of the heads of public agencies for November 2019. Samut Songkhram Provincial Justice Office held a Samut Songkhram 56 conference of the Mediation Center Committee, 2/12/2019 Provincial Justice Office Kradangnga Subdistrict (pilot) 57 THAC Mediation model 13/12/2019 Ban Na Subdistrict 58 Training course on dispute mediation 18/12/2019 Administrative Organization Betong District, Yala Province, in cooperation with Yarom Subdistrict Administrative Organization, or- 59 Yala Province ganized the Peace Council Forum under the Dam- 19/12/2019 rongdharma Center ... Amphoeyim Mobile Service during the New Year Festival. 60 THAC Seminar on dispute resolution experiences 20/12/2019

The Annual Report on Mediation was established in 2019 The Annual Report on Mediation was established in 2019 24 Thailand Arbitration Center Thailand Arbitration Center 25 Legal and Regulatory Movements in the period January - December 2019

1. Entry into force of the Conciliation Act B.E. 2562 (2019), the first direct conciliation law Whereas the Act has been in effect from May 23, 2019 (except Chapter 2, the Conciliation for civil disputes, Chapter 3, Conciliation for criminal cases; Chapter 4, Criminal Dispute Conciliation in Investigation; and Chapter 5, Public-Sector Conciliation, has been in effect from November 18, 2019) The Act sets forth the measures on dispute conciliation by public agencies, which consists of 6 main categories as follows: (1) Chapter 1 Conciliators: This chapter sets forth the provisions on the registration process, as well as details concerning issuance of certificates and conciliation identification cards, qualifications and prohibited characteristics of conciliators, the authority of conciliators, and objection and removal of conciliators. (2) Chapter 2 Conciliation for civil disputes: This chapter sets forth the provisions on the condi- tions of disputes applicable to the Act, Conciliation procedure since the application for conciliation, the appointments of conciliators, proceedings for civil dispute conciliation, preparation of a memo- randum of agreement for dispute settlement, including dispute resolution process and enforcement of dispute settlement. (3) Chapter 3 Conciliation for Criminal Cases: This chapter sets forth the provisions relating to criminal conditions applicable to the Act, proceedings in which such criminal cases are under investi- gation or trial of an inquiry official, prosecutor, or court, cases in which criminal mediation proceedings end, suspension of the right to bring a criminal case when all parties comply with a civil settlement agreement. Part 3 (4) Chapter 4 Criminal Dispute Conciliation in Investigation: This chapter sets forth the provisions on determination of statute of limitations in criminal cases when entering into a criminal dispute Statistics and significant activities concerning settlement, types of criminal cases, conditions of an accused who has entered into a criminal dispute settlement under this chapter, a criminal dispute conciliation in an investigation, from an application mediation conducted by process, criminal conciliation in the event of multiple victims or conducted by an authorized person on behalf of a victim, participation in criminal conciliation proceedings, duration of a criminal con- the Thailand Arbitration Center (THAC) ciliation, including a memorandum of agreement on settlement and end of criminal conciliation in an investigation. (5) Chapter 5 Public-Sector Mediation: This chapter sets forth the establishment of a mediation center for public-sector disputes, conditions, and types of cases conducted by the Public-Sector Dispute Mediation Center. (6) Chapter 6 Penalties: In cases of soliciting or receiving a bribe, or giving or offering a bribe to mediators.

The Annual Report on Mediation was established in 2019 26 Thailand Arbitration Center Number and funds of mediation cases conducted by THAC Photos of Significant Activities During the period of January to December 2019, there were two new mediation cases, a breach of contract and a family case, administered by the THAC , for a total amount of 2,193,100 Baht. Course on Reduction of Costs and Time for Business Dispute Resolution Number of Mediators On 31 January 2019, at 1:30 p.m. - 5:00 p.m., THAC organized and held a training As of 31 December 2019, there were a total of 145 mediators registered as THAC mediators, course on the reduction of costs and time consisting of 97 Thai (representing 66.90 % of the total number of mediators) and 48 foreigners (rep- for business dispute resolution with (Visiting) resenting 33.10 %of the total number of mediators). In the period of January to December 2019, The Prof. Vichai Ariyanantaka, Senior Judge of the number of mediators increased by 44, consisting of 14 Thai and 30 foreigners (increased by 43.56 % Central Intellectual Property and International of the existing mediators (101)). Trade Court, and Ms Lertnapha Pitataphan, THAC Mediator, as guest speakers. 47 partici- pants attended this course.

The 5th Conflict Management Program

Statistics of Activities and Participants of the Thailand Arbitration Center (THAC)

In the period of January to December 2019, the Thailand Arbitration Center (THAC) organized academic activities on mediation and conflict management, such as academic seminars, signing ceremonies of memorandum of understanding with various agencies, and visits for groups of study , with the following details:

(1) Organized 20 academic seminars on mediation with 944 participants. (2) Signed a memorandum of understanding with 15 public agencies/educational institutions, divided into 5 domestic agencies/institutions and 10 international agencies/institutions. (3) Welcomed 5 groups of study On 21-22 February 2019, the Thailand Arbitration Center (THAC) organized the 5th Conflict (4) Visited and attended conferences with 6 public and private agencies divided into 3 domestic Management Program in which Mr Parinda Wiranuwat, THAC Mediator, was a guest speaker. During agencies and 3 international agencies. the session, participants had the opportunity to practice the knowledge acquired in situations of daily (5) Organized 3 training courses on conflict management and mediation, divided into 2 Thai- life. Moreover, they were presented with the advantages, disadvantages and limitations of the conflict taught courses (Conflict Management Program) and one English-taught course (Mediation Training management. The program also provided the basic skills, i.e. listening skill, analysis of the facts etc., Course). that are required to become a mediator.

The Annual Report on Mediation was established in 2019 The Annual Report on Mediation was established in 2019 28 Thailand Arbitration Center Thailand Arbitration Center 29 Conflict Management Program Mediation Training Course 9

On July 23-24 2019, from 09:00 a.m. - On 16-20 September 2019, the Thailand 05:00 p.m., the Thailand Arbitration Center Arbitration Center (THAC) organized the Media- (THAC) organized and hosted the “Conflict tion Training Course 9 with professional speakers Management Program”, with Ms.Chaweewan from ADR ODR International, including Mr Rahim Mekarapon, THAC Mediator as a guest speaker. Shamji, Mr Khaled Hamid Chowdhury, and Mr Zoe Participants, who completed this course, gained Giannopoulo, as guest speakers. Participants who knowledge and understanding of conflict man- have completed this course learnt strategies and agement. The knowledge acquired during the improved their skills, including their knowledge of program could be applied in a work context mediation. Moreover, the course granted them the and business relationships. This shows the benefits of mediation and creative conflict management.** admission in the panel of mediator of the Thailand Arbitration Center, ** The Thailand Arbitration Center (THAC) held a conference of its mediators. The signing ceremony of a memorandum of understanding between On 2 August 2019, the Thailand Arbitra- the Thailand Arbitration Center (THAC) and the Rights and Liberties tion Center held a conference of its mediators Protection Department. during the event of “THAC Starry Night GALA” at S31 Sukhumvit Hotel, the Chamber Room. The conference aimed to discuss me- diation and the 2020 action plan with THAC’s mediators. Dr Phasit Asawawattanaporn, THAC Managing Director delivered the opening remark.

การแข่งขันการประนอมข้อพิพาท∳�ลองในข้อพิพาทเชิงพาณิชย์ (THAC National Mediation competition) ครั้งที่ 2 On 19 November 2019, the Rights and Liberties Protection Department, Ministry of Justice, held On 3-4 September 2019, the Thailand a signing ceremony of a memorandum of understanding between mediation/conciliation agencies Arbitration Center organized and hosted the to promote, develop and administer mediation proceedings at Vayupak Room, Centara Hotel, the 2nd THAC National Mediation Competition. Government Complex, and Convention Center. THAC was one of the agencies that signed the mem- The team from Khon Kaen University has won orandum of understanding with the Rights and Liberties Protection Department. the competition. The first runner-up was the team from University, the sec- ond runner-up was the team from Kasetsart University, and the third runner-ups are teams from Kasetsart University, Ramkhamhaeng University, and Phayao University. The award ceremony was presided by Dr Phasit Asawawattanaporn, THAC Managing Director, who awarded the winning teams with medals and monetary prizes.

The Annual Report on Mediation was established in 2019 The Annual Report on Mediation was established in 2019 30 Thailand Arbitration Center Thailand Arbitration Center 31