Mediation & Conciliation Services in Thailand

A Structured Path to Cooperative Dispute Resolution

Mediation and conciliation have become key mechanisms for resolving disputes in Thailand without entering lengthy court proceedings. These processes focus on dialogue, voluntary participation, and assistance from a neutral third party who helps conflicting parties move toward an agreed outcome. At BASE Law Firm, we support clients throughout these procedures, ensuring both legal protection and strategic negotiation at every stage.

Our service include:

Guided dispute-resolution strategy
Mediation session representation
Conciliation process management
Settlement drafting support
Enforceable agreement preparation
Post-settlement legal guidance

Understanding Mediation and Conciliation in Thai Practice

Although both processes aim to encourage compromise, they differ in how the neutral facilitator becomes involved:

Mediation emphasises guided conversation. The mediator helps clarify issues, manages communication, and encourages settlement while remaining impartial.
Conciliation allows the neutral party to participate more actively. Conciliators may suggest settlement terms, evaluate positions, or outline potential solutions to help close the gap between parties.

Thailand incorporates both methods in commercial, civil, labour, consumer, and family disputes, as well as in matters handled by government agencies, courts, and specialised dispute-resolution bodies.

When These Processes Are Used

Alternative facilitated settlement may arise in several contexts:

Before litigation begins
Parties may voluntarily seek mediation or conciliation to avoid the cost and uncertainty of court proceedings.

During court proceedings
Judges are empowered to refer cases to mediation at any point before a final judgment. In many instances, this occurs shortly after the case is filed, enabling parties to resolve disputes efficiently.

Administrative and regulatory settings
Various authorities (such as consumer protection bodies, labour offices, and financial regulators) routinely offer mediation or conciliation as part of their complaint-handling procedures.

Key Features of Mediation and Conciliation in Thailand

Voluntary participation
Except where required by law or court order, parties engage in the process by choice. Either side may withdraw before a settlement is reached.
Neutral facilitation
The mediator or conciliator must maintain independence, confidentiality, and impartiality throughout the discussions.
Confidentiality protections
Statements made during the sessions are generally inadmissible in court. This allows parties to communicate openly without fear of prejudice.
Binding settlements
If an agreement is reached, it may be formalised as a settlement contract.
When completed within court-ordered mediation, the settlement can be submitted to the judge for recognition, making it enforceable like a judgment.
Speed and cost efficiency
Relative to trial or arbitration, mediation and conciliation are significantly faster and more economical.

The Mediation & Conciliation Process

Although the process varies depending on the institution or court, the workflow often follows these stages:

Initiation
A party requests mediation, both sides consent, or the court directs the matter to mediation.
Appointment of the neutral party
A mediator or conciliator agreeable to both sides is assigned. In court-referred cases, the judge may allocate an approved mediator from the court’s roster.
Pre-session preparation
Each party outlines the dispute, goals, and possible settlement ranges. Our team at BASE Law Firm assists with preparing proposals, documents, and negotiation strategy.
Joint and private sessions
The facilitator may hold meetings with all parties together or conduct separate “caucus” discussions to explore confidential interests and potential concessions.
Proposal of solutions
In conciliation, the facilitator may suggest terms. In mediation, they guide parties to identify their own mutually acceptable terms.
Agreement or closure
If consensus is achieved, a settlement is drafted.
If not, parties may choose to negotiate further, escalate to arbitration, or proceed with litigation.

Types of Disputes Commonly Resolved Through Mediation or Conciliation

These procedures are commonly used for:

Commercial and contractual disputes
Construction and real estate conflicts
Consumer complaints
Family matters such as custody or divorce agreements
Employment and labour conflicts
Insurance and financial-services disputes
Cross-border business disagreements where parties favour a private solution

How BASE Law Firm Supports Your Case

BASE Law Firm provides comprehensive assistance for all forms of facilitated dispute resolution in Thailand:

Strategic assessment of whether mediation or conciliation is suitable for your case
Preparation of negotiation frameworks, settlement objectives, and supporting materials
Representation during mediation or conciliation sessions
Drafting, reviewing, and formalising settlement agreements
Advising on settlement enforcement or next steps if negotiations fail

Our firm combines legal depth with practical negotiation insight to ensure clients approach each session with clarity, leverage, and a well-defined strategy.

Summary

Mediation and conciliation offer flexible, confidential, and cost-effective alternatives to litigation in Thailand. By approaching disputes cooperatively, parties often achieve resolutions faster and with fewer risks than drawn-out court proceedings.

BASE Law Firm is equipped to guide clients through every phase of these processes, providing structured legal support and skilled negotiation advocacy tailored to the complexity of the matter.

For professional assistance with mediation, conciliation, or broader dispute-resolution planning, contact BASE Law Firm for dedicated and informed legal support.