THE DEVELOPMENT OF LAWS ON PRE-LITIGATION MEDIATION OF DISPUTE REGARDING ADMINISTRATIVE CONTRACT IN ADMINISTRATIVE COURT

Abstract

Objectives of this dissertation were: 1) To examine the problems and obstacles relating to litigation proceedings and post - filing dispute mediation in administrative contract disputes before the Administrative Courts. 2) To propose amendments of the laws concerning pre-litigation mediation of administrative contract disputes in the Administrative Courts, conducted by the qualitative research methodology comprising documentary research through the study and analysis of relevant legal documents and materials, together with in - depth interviews to collect data from 20 key informants in addition, a focus group discussion was conducted with 9 participants who were experts. The collected data were analyzed using descriptive interpretation. Findings were as follows: 1) Substantial problems and obstacles existed in relation to litigation proceedings and post - filing mediation of administrative contract disputes before the Administrative Courts. It has been observed that proceedings before the Administrative Court generally require a considerable period of time to reach final disposition, particularly in disputes concerning administrative contracts. The prolonged duration of the dispute resolution process may result in irreparable harm. Although the parties are currently able to engage in mediation after litigation has been initiated, such post-filing mediation remains subject to several limitations, particularly in terms of accessibility, cost, and time. These limitations are inconsistent with the fundamental principle that mediation should be readily accessible to all parties. 2) Consistent with the principle of legality, be empowered to conduct pre - litigation mediation in administrative contract disputes. Accordingly, amendments to the Act on Establishment of Administrative Courts and Administrative Court Procedure B.E. 2542 were recommended. The researcher also proposed a Draft Regulation of the General Assembly of Judges of the Supreme Administrative Court on Pre-Litigation Mediation of Administrative Contract Disputes, B.E. ...., to establish the rules and procedures governing such mediation. These measures would enhance the efficiency of case management within the Administrative court system.