Alternative Dispute Resolution
Alternative Dispute Resolution by Experienced and Professional Attorneys
Resorting to litigation to settle a dispute remains one of the accepted approaches to resolving controversies in the business world. Thailand’s judiciary has seen significant growth over time in the number of litigation cases on its dockets as the number of new businesses, joint ventures and private property purchases has increased. These disputes have created a backlog for the courts and with this increased workload for the judiciary, the time required to resolve cases in Thai courts has increased as well.
As in many other jurisdictions, Thailand has begun to encourage alternative dispute resolution (ADR) as a means of resolving controversies before they are brought to a formal court hearing. Thailand’s Office of the Judiciary has set up an Alternative Dispute Resolution Office to oversee the employment of ADR throughout the country. The judiciary has seen arbitration and mediation as ways of easing the congestion in the number of cases waiting to be heard in court.
ADR involves the use of one of a variety of mechanisms for settling disputes rather than reverting to litigation. It is widely encouraged by judiciaries as it is understood that the longer a dispute lasts the more damage is caused to the businesses involved. Parties to a controversy have come to favor ADR as it means that they become more empowered to settle their own disputes.
In the arbitration process a third party, or arbiter, is brought in to listen to both sides of the dispute and render a judgment that is legally binding. In mediation, on the other hand, an unbiased mediator is brought in to help the parties to the controversy reach an agreement that is mutually acceptable.
Mediation is a particularly popular method in small claims cases where it is possible that legal costs could be greater than damages awarded by the court. Typically, the parties in a mediation proceeding accrue minimal costs.
The mediator functions as a peacekeeper between the parties in the process, and assists them in developing a mutually-beneficial solution. An agreement that is reached by the parties to mediation must address all the terms and conditions required of the parties as a result of the mediation process. If one of the parties to the agreement fails to comply with the terms and conditions agreed the other party has the right to ask the courts to enforce the mediation agreement.
The widespread establishment of mediation centers and the increase in the availability of new mediators are signs of both the efficacy and appeal of this approach.
In Thailand ADR is seen as a means for pursuing more amicable dispute settlements. Arbitration and mediation are the two methods most commonly employed in the country to settle a variety of business disputes.
ADR is considered to provide many advantages over traditional litigation, and for this reason many businesses are often more willing to invest in and conduct business in jurisdictions that encourage the use of arbitration in the settlement of commercial disputes.
These alternatives also significantly reduce the backlog of court cases experienced in most jurisdictions, and have been shown to be particularly well-suited to resolving commercial disputes. Arbitration, for
example, allows the parties to a dispute to keep the details of the dispute and relevant proprietary information confidential. This is not the case with traditional litigation.
At Jus Laws & Consult our ADR attorneys realize that although litigation is one of a client’s essential means of resolving a dispute, in some cases it may be more desirable to employ arbitration and mediation due to the costs, delays and potentially negative publicity involved in a court battle.
Our attorneys are particularly adept at reaching favorable outcomes for our clients who are better served by having their dispute resolved outside the courtroom. Some of the typical alternatives to traditional litigation that we offer include arbitration, mediation, mini-trial and negotiation.
Our extensive expertise and experience means that we are able to assist our clients in handling regulatory matters through an in-depth understanding of their businesses and by partnering with them in developing creative solutions to the challenges they face. By employing critical analysis, sound logic and wide-ranging skills, our attorneys are able to provide strategic advice on matters affecting all areas of our clients’ businesses.