Civil cases - Litigations - Extra Judicial Agreements
Experienced, qualified civil lawyer assisted by official Court Interpreter with legal experience. Judicial and Extrajudicial agreements.
Lawyer contacts: Pattaya Lawyer Thailand
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Extra Juditial Agreements
Knowing the Law is your first protection
We will analize the case and suggest you the best strategy to achieve positive results as quickly as possible.We always put our client’s interest before any other considerations. When circumstances suggest, we try to favor, extra judicial agreements (A full article on this very important subject will be soon published here) rather then a long court-battle.
The research of an agreement is indeed always favored by the Thai Courts which usually, before proceeding to the trial, call the parts and try to find a “friendly” solution. Such kind of agreements, once ratified, have the value of a final sentence and will be enforced by law.
Our law firm has a very extended experience in the field and can effectively help you to get the best possible results saving huge quantity of time, expenses and stress.
Furthermore, in avoidance of any possible misunderstandings, our Pattaya lawyers always use the professional help and assistance of an experienced, reliable and trustful court legal interpreter.
The Mediation in the Thai Law
The Importance of Wisdom and Tolerance in the Thai Law System and in the Thai Society
Today we will examine one of fundaments of the legislation system at the light of a millenary culture as it is the Culture of the country where we leave, Thailand.
Never, as in this case, the term "culture" must be intended and understood in its widest sense of the meaning, which certainly includes traditions, history, costumes and Buddhist religion.
Before starting our brief voyage to try to unveil some mysteries I would like to emphasize as, even though the Mediation Process produces the most effective results in case of civil disputes or in case of compoundable offences, it can deeply effect the result of any sentences even the most harsh and severe.
Furthermore it is interesting to observe that, even though the word "Mediation" has little to do with "Confession", it is undeniable how in Thailand the concepts are the "children of the same parents" and we will soon understand why.
If you have the chance to visit a Thai court of Justice, you might find a publication offered to the public which I would urge you to read very thoroughly for it not only contains the fundaments of the institute of the Mediation, it reflects the deep soul of the entire Thai society.
In its preamble we read:
" What is the importance of mediation? It is considered so important that the state invested considerable human and financial resources and all Thai Court has its own dedicated Mediation Center and several well trained "mediators" including eminent magistrates.
"The Court of Justice is in charge of the administration of justice for the people. Its primary goal is to have disputes settled with convenience, speediness and fairness."
In addition to having disputes settled by means of hearing and rendering judgment, mediation is a method to resolve disputes which is commonly adopted by courts of many countries. Mediation is a dispute resolution mechanism that can enable a convenient, speedy and efficient settlement.
Well I don't totally agree on this for I think that Thailand is by far an absolute leader on in the field, second to no one. But lets reach the real gist of the institute of Mediation as explained in the brochure:
In mediation, the disputing parties may achieve a mutually satisfactory settlement in which there is no loser or winner from the outcome.
In mediation, both parties can emerge as the winners with a win-win solution that can preserve their long-term relationship.
In other words Mediation is not a way to win and to neglect the other part reasons in any field of the law, but a way to leave in peace (more than two hundred years without wars or involvement in any war!) to the point that, as brilliantly stated at the end of the page we read:
Last but by no means the least(!), settlement of dispute by mediation also can lead to a more peaceful and harmonious society, reduce the number of cases going through the trial process, and provide a chance for people participation in the dispute settlement process.
That is the point that resume the gist of Thai philosophy of life: live and let live, try understanding each other, avoiding conflicts and, always, pay respect to the poor, the elderly and to the institutions.
Finally we read:
Mediation is a means of dispute resolution facilitated by a neutral third person who assists the parties in finding mutually acceptable solutions. If the parties reach an amicable solution, they may enter into a binding and enforceable compromise agreement.
In other words an amicable solution between the parties during the Mediation will be bestowed by the court and have the force of a final sentence.
Before closing this introduction to one of the most important aspect of the Thai Legal System we would like to underline as an unreasonable, stubborn behavior during the mediation phase will not help you case at all in front of the court and during future hearings and finally emphasize how the world mediation doesn't have to be confused with the arbitration which is a total different concept.
In fact while the Arbitrator will actually decide, on the contrary the Mediator will help and induce the parties to find a mutual agreement.