PROBLEMS IN MEDIATING ENVIRONMENTAL DISPUTES IN ADMINISTRATIVE CASES

Abstract

This Research article aims to study the problems of mediating environmental disputes in administrative cases.It was found that dispute mediation is one of the alternative dispute resolution methods that can be effectively used to settle disputes or cases. Mediation offers convenience, simplicity, time and cost efficiency, and helps maintain relationships between the parties. In addition, it enables courts to manage cases more effectively and helps reduce the number of cases brought before the court. However, under the current Thai legal system, there is still a lack of clear legal measures to enforce mediation agreements, which results in delays and resource wastage when parties fail to comply with the terms of the mediated agreement.
The study found that the problems arising from the mediation of environmental disputes in administrative cases in Thailand can be divided into four main issues: (1) the problem concerning the types of administrative cases that can be mediated in environmental disputes, (2) the lack of clear criteria or procedures for pre-litigation mediation in environmental administrative cases, (3) the absence of legal provisions authorizing external individuals to act as mediators in environmental administrative disputes, and (4) the lack of legal authority for administrative courts to issue binding orders based on the parties’settlement agreements reached through mediation. From the study of foreign countries, including the French Republic, the Federal Republic of Germany, the United States of America, and Japan, it was found that mediation systems vary, especially in environmental cases, which emphasize effective and fair dispute resolution that considers the public interest and allows participation from experts and the public in the process, with clear legal provisions established to support such mediation practices.
The researcher proposes an amendment to the Act on Establishment of Administrative Courts and Administrative Court Procedure B.E. 2542 (1999) (as amended by the Twelfth Amendment B.E. 2562 (2019) by incorporating specific principles, procedures, and methods for mediating environmental disputes in administrative cases. These should include provisions such as determining the types of cases suitable for mediation, recognizing representative actions or class actions on behalf of groups of affected parties, establishing procedures for pre-litigation mediation, allowing external experts to serve as mediators with clearly defined qualifications and remuneration, and ensuring that mediation agreements are legally recognized and have the same effect as a court judgment. In addition, it is proposed that the Administrative Court be authorized to issue temporary injunctions during the proceedings and to exercise discretion beyond the relief requested in the petition, provided that such actions do not affect individual rights or the public interest. Furthermore, an effective mechanism should be established to monitor and enforce mediation agreements. These measures aim to ensure that the mediation of environmental disputes in administrative cases is conducted efficiently, promptly, and with genuinely practical outcomes.