It is not necessary to always settle the dispute in court.

It is not necessary to always settle the dispute in court.

When a dispute arises, most people would think of pursuing a court lawsuit, which is the traditional dispute resolution, but it is not the only solution. Nowadays, Alternative Dispute Resolution is widely used and can be enforced in more than 160 countries globally, including Thailand.

Alternative Dispute Resolution can be divided into three types: 1. negotiation, 2. mediation, and 3. arbitration. Usually, when a dispute arises, negotiation will be used as an immediate resolution. Then the mediated agreement is made by the assistant from the neutral party. If, eventually, the resolution is not made, then a conclusion or a decision is required and, therefore, submitting to arbitration. There are quite a similarity and a distinct contrast between mediation and arbitration.

Mediation or conciliation is to seek assistance from a neutral party. It is noted that the mediator will not make the final decision but act as a medium for conciliation. The mediator should train their skill to facilitate a smooth conversation between parties.

Arbitration will also appoint a third party with expertise in disputing matters to consider the disputes. The appointment of the arbitrator must be made in an odd number. The arbitration has the authority to decide on matters.

On the contrary, arbitration may be similar to the court proceeding as an arbitrator will be decided on matters. But arbitration provides you with better convenience, faster and more flexibility

You can watch a short video provided by THAC for further understanding, Click

For further information, please contact THAC!