New Mediation Code in Thailand: a draft copy

New Mediation Code in Thailand: a draft copy

by Erwin I. Katz

Office of the Judiciary Out-of-Court Mediation Rules

DRAFT for ADRO Committee Review
dated 26 June 2003

Table of Contents

Preamble

Article 1
Scope of the Rules

Article 2
Starting the Mediation Process

Article 3
Selecting the Mediator

Article 4
Conducting the Mediation

Article 5
Terminating the Mediation

Article 6
Mediation Communications, Confidentiality and Disclosure

Article 7
Protections from Certain Liabilities

Article 8
Number and Appointment of Mediators

Article 9
Mediator Acting As Arbitrator

Article 10
Enforceability Of Settlement Agreement

Article 11
Fees and Costs

Article 12
References to these Rules in Contract Mediation Clauses


FORMS:

APPENDIX 1
Request for Mediation
(where there is no agreement to refer a dispute to the Office of the Judiciary Out-of-Court Mediation Rules)

APPENDIX 2
Request for Mediation
(where there is an agreement to refer a dispute to the Office of the Judiciary Out-of-Court Mediation Rules)

APPENDIX 3
Statement of Independence

APPENDIX 4
Statement Of Understanding

APPENDIX 5 (OPTIONAL)
Schedule Of Mediation Costs


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Potential Additions to Out-of-Court Mediation Rules:

Roster Provisions

Optional Form A: Application for Admission to Out-of-Court Mediation Program Roster

Mediator Qualification Provisions

Optional Form B: Mediator’s Final Report On Mediation Proceedings