The Mediation in the Administrative Dispute of Autonomous University

Abstract

This research was conducted to study the regarding concepts, theories, principles, and Thai and International laws.Theresearch aimed to establish appropriate procedures for the mediationof administrative disputes at autonomous universitiesandthis qualitative study was conducted using both documents and in-depth interviews, including (1) federal agentsgroup from the Songkhla Administrative Court and autonomousuniversities, Chiang Mai and Songkhlaand(2) accessory group, that isofficerofautonomousuniversities, Songkhla.There were a total of 16 people. It will beanalyzed and processed in a systematic descriptive form, lead to finding answers in research.

The research revealed that mediation of administrative disputes in Thai law is different, when compared to French law. In French law, the parties are allowed to delegate persons other than Administrative Court judges to act as mediators, whereas in Thai law only Administrative Court judges can be mediators in a dispute. There are 3 types of disputes in universities that can be mediated, those being; 1) before taking any disciplinary action, which relate to violations of codes of conduct, good governance, ethics and tort liability,in cases of neglect of duty, unreasonable delay in performing duties, or committing administrative violations, 2) during appeals and complaints, such as when employees at autonomous universities consider that they have not been treated fairly, or have grievances due to the actions or orders of their superiors,
3)disputes over administrative contracts, before bringing cases to the administrative court.There are 2 types of disputes that cannot be mediated; firstly, when a chancellorhas already used discretion to issue an administrative ruling, and secondly, acts violating public order, good morals, or in cases resulting in serious damage to the university. However, disputes at autonomous universities, both those that can and cannot be mediated, are not yet covered by law.

It is recommended to amend the Act on Establishment of Administrative Courts and Administrative Court Procedures B.E.2542, by allowing administrative agencies to mediate administrative disputes before bringing cases to court, and to draft “The University Regulations on Administrative Dispute Mediation, B.E. ....”, to be the authoritative framework regarding the mediation of administrative disputes at autonomous universities.