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How to Choose the Right Dispute Resolution Center in Thailand
Parties that find themselves in dispute may prefer to avoid going to court. Litigation can be costly and time-consuming, but alternative dispute resolution (ADR) options offered by a dispute resolution center may suit them better. The main forms of ADR are negotiation, mediation or conciliation, and arbitration, and with the services of a dispute resolution center, such as the Thailand Arbitration Center (THAC), parties in conflict may find a resolution that all involved can agree upon without having to resort to court proceedings.
Why is a Dispute Resolution Center necessary?
Alternative dispute resolution (ADR) allows conflicting parties to resolve problems in a less adversarial forum than court proceedings. Instead of a court with a judge who oversees regimented procedures, most forms of ADR involve a neutral third party in a supervisory role to different degrees. Often, again unlike a judge in litigation, this third party is also an expert in the subject in question, such as an engineer in a construction dispute or an insurance specialist in a medical claims dispute.
In mediation or conciliation, the third-party mediator helps the parties reach an agreement, without making any suggestions or determinations regarding the issues at hand. In arbitration, the third-party arbitrator, or in some cases an arbitral panel, has more oversight over proceedings and is usually called to render a decision that an arbitration clause binds the parties to follow. With negotiation, the disputing parties and their advisors choose to meet and discuss their issues privately and work towards an agreed solution without third-party intervention.
While technically, an ADR proceeding could occur in a conference room anywhere, a dispute resolution center is the best place to conduct any ADR process. Established specifically to handle ADRs, a dispute resolution center offers relevant parties not only a neutral location for the negotiation, mediation, or arbitration but it is also equipped and staffed to ensure the process runs smoothly and is completed properly and effectively. Furthermore, dispute resolution centers often offer parties anticipating issues resources such as model arbitration clauses and agreements to incorporate into contracts. They also can offer standard frameworks and rules for mediation and arbitration proceedings to provide structure for ADRs.
How to Choose the Right Dispute Resolution Center in Thailand
Parties preparing to enter into a negotiation, mediation, or arbitration in Thailand should consider a few factors when selecting a dispute resolution center.
Convenient Location
ADR proceedings are meant to provide a non-adversarial space for parties to settle disputes, so the location they take place should be convenient to all involved. This means being in a central location, such as a central business district, that the parties can reach easily, either by a major thoroughfare or by public transportation. In addition, if any of the parties are traveling from overseas, then the dispute resolution center should also be easily accessible from major international airports as well.
Affordable Facilities and Services
Alternative dispute resolution is known for being less costly than a court proceeding, but it should be affordable in its own right as well. Costs should be transparent, and there should be a full range of services available, different capacity rooms, video conferencing, transcription, translation, photocopying, catering, etc. Furthermore, for additional convenience, the dispute resolution center should be accessible during weekends and public holidays to suit the schedules of all involved.
Experienced Arbitrators or Mediators
A major benefit of a dispute resolution center is access to skilled arbitrators or mediators. Therefore, the right center should have a diverse directory of arbitrators and mediators from which to choose. These individuals should not only have experience in mediation and/or arbitration on an international standard, but they should also have expertise in various subjects and disciplines so that the parties can pick an appropriate subject-matter expert to help support a smooth ADR process.
Support offline and online ADR
While having a convenient location is ideal for a dispute resolution center, in these times, sometimes parties cannot travel or may not be able to meet in person as they normally would. Therefore, a dispute resolution center that can support ADR meetings or processes online, either through video conferencing or a bespoke ADR platform is an ideal option.
THAC is an ideal dispute resolution center in Thailand
The Thailand Arbitration Center (THAC) is a world-class alternative dispute resolution (ADR) center where parties can settle local or cross-border disputes. All sides of a dispute can find highly experienced arbitrators and mediators who are neutral, skilled in ADR, and experts in an array of subjects and industries, ensuring a knowledgeable third party. THAC can accommodate in-person or remote hearings with our fully equipped facilities with the latest technologies along with full administrative and business services, all at affordable rates. For in-person negotiations, mediations, or arbitrations, parties will find THAC conveniently located in central Bangkok with easy access to the Phrom Phong BTS Skytrain station as well as to major roads and highways.
To find out more about THAC’s international-standard ADR services and how we can help resolve your personal or commercial dispute, please contact THAC at [email protected] or +66 (0)2018 1615.
