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Advantages of mediation and its international recognition
Mediation is acceptable worldwide. For over 160 countries, mediation is also known as one of the Alternative Dispute Resolution, as well as arbitration.
Mediation can be processed both in Thailand and abroad. It is a dispute resolution with a standardized proceeding and a certified document. The proceeding is aiming to maintain its confidentiality, similarly to the arbitration. There is also an intermediary, the finding with evidence. Mediation also has its own rules for enforcement.
Mediation can be ranged from small disputes to large-scale international disputes. Whether it is a quarrel with the house construction contractor, the disqualified products from the agreements specification, early termination from the lessee, the disagreement on the reimbursement of deposit, the client refused to accept the ordered product as agreed, and many more that could happen.
As a precautionary before going to court, parties may want to include a mediation proceeding as a pre-condition for the lawsuit. This can be done by specifying mediation in the agreement as a dispute resolution clause. In this regard, THAC has also provided an example clause as follows;
“The agreement to submit the dispute to the Thailand Arbitration Center for mediation.
The parties agree that any disputes arising out of or in connection with this Agreement shall be resolved by Thailand Arbitration Center (THAC) Rules on Mediation. The parties hereby agree that they will enter the mediation with good faith and agree to abide by any clauses or agreement in pursuant to such dispute resolution.”
*** THAC has a standard clause for both in Thai and English at www.thac.or.th, which can be used appropriately.
As such, when there is a dispute, the parties can mediate and have a discussion before pursuit the case in court.
You can see a short video provided by THAC, which aims to build a better understanding of the advantages of mediation and its international recognition, click.
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