Appointment of the Mediation Panel and the Arbitration Tribunal

Appointment of the Mediation Panel and the Arbitration Tribunal

Most people may be familiar with court proceedings through the use of only one judge, or the use of a judge and a jury panel, or the use of a judiciary committee, to settle disputes or deliberation of cases, through first-hand experiences or may have seen it through various media such as dramas, television series, or online channels. However, many may be unfamiliar with details regarding alternate resolution of disputes through other means, or may have a misunderstanding that mediation and arbitration proceedings limits the number of mediator and arbitrator to only one person. Today, we will be providing you with a brief summary on the appointment of mediation panels and arbitration tribunal which might prove useful for our readers in the future.

Differences between the Mediation Panel and the Arbitration Committee

1. Definition

The Mediation Panel

According to the Mediation Act B.E. 2562 (latest version), which states that a mediator or mediator, is a registered person who is appointed by the relevant parties to perform mediation duties. On the other hand, the Mediation Panel, may consist of more than one mediator. The qualifications of the mediator may be anyone who is impartial and independent. The primary duty of the mediator is to assist the relevant parties reach a compromise in order to resolve their dispute. The mediator or the Mediation Panel, has no role in deciding the outcome of the dispute.

The Arbitration Tribunal

According to the Arbitration Act B.E. 2545, stipulates in Article 5 that, the Arbitration Tribunal will consist of a single arbitrator or a panel of arbitrators of more than one person. From this definition, it is evident that the disputing parties can appoint more than one arbitrator to decide and settle disputes. And based on revision in the latest Act of B.E. 2662, the addition of Article 3 states that, the disputing parties can appoint an alien as an arbitrator.

2. Number of mediators and arbitrators

With respect to mediation, the relevant parties may agree to select the number of mediators prior to the start of the mediation process, i.e. more than one mediator may be appointed based on the mutual consent of the disputing parties. As specified in the mediation regulations, it states that the Mediation Panel may consists of an even or an odd number of mediators. In most cases, the number of mediators usually consists of no more than three persons. While the number of arbitrators on an Arbitration Tribunal must consist of an odd number of members. This is clearly specified in Section 2 of the Arbitration Act B.E. 2545., in order to ensure that the ruling of the arbitration dispute does not end up in a draw. The method in appointing more than one arbitrator to the Arbitration Tribunal can be summarized as follows; Section 2 of Article 18, paragraph 2 of the Act states that, each of the disputing parties must first select an equal number of arbitrators, for example, both parties appoint 1 arbitrator each, and thereafter, the arbitrators will then jointly appoint an additional arbitrator to complete the arbitration panel with an odd number of arbitrators as specified in the Act.

3. When the parties are unable to agree on the appointment of a Mediator Panel, or Arbitration Tribunal

In the event that the arbitration panel cannot be appointed, either party may submit a petition to a court within that jurisdiction, in order to request the court to appoint an arbitrator or a chairperson to the arbitration tribunal. In the event that the disputing parties cannot agree in appointing a mediation panel, the parties can have the arbitration tribunal appoint one instead. The Arbitration Center usually have an approved list of mediators with the appropriate qualifications and skills for the disputing parties to choose from.

Therefore, if in the future, readers have a dispute with other parties, they can take advantage of this article to appoint and determine the number of mediators or arbitration tribunal to resolve their disputes.

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