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Thailand Arbitration Center Rules on Mediation
What is the difference between mediation and arbitration? Are they subjected to the same rules? These are some frequent questions to THAC.
Thailand Arbitration Center Rules on Mediation is the Rules to govern the mediation proceeding. Because mediation is a method where the parties voluntarily appoint a third party to act as a mediator in assisting with the dispute resolution. The Rules will govern details from the beginning of the mediation, the acknowledgment of participation in the mediation, the delivery of notices and statements, including documents and evidence, and the ending of the mediation proceeding. If the disputing parties have reached an agreement, then they must enter into a mediated agreement as an instrument for enforcement.
The mediation process must be completed within 60 days but not more than 90 days after the mediator’s appointment, which can be further extended for no longer than 30 days. When signing on the mediated agreement, this agreement will be enforceable as the arbitral award. This is due to the fact that THAC has special rules that can transfer a mediated agreement to an award. The parties must agree to submit to the arbitration by appointing a sole arbitrator, who must not be a mediator in the previous proceeding. By only complying with these criteria, the mediated agreement can then transfer to an arbitral award. THAC also provided you with a short video to further understand the Thailand Arbitration Center Rules on Mediation, click.
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