The conflict resolution practice as a community justice alternative in Thailand

Abstract

In response to recent issues of prison overcrowding (over 300,000 inmates in prisons with only 110,000 capacity) and court case overloading, Thailand has implemented the conflict resolution practice, including enacting a new law on dispute mediation, as a community justice alternative to reduce cases and prevent them from going into the main criminal justice system. No empirical research has yet been conducted in Thailand to examine the current forms and status of these conflict resolution mechanisms and problems facing the implementation process. Researchers collected qualitative data by interviewing 16 experts and conducting a focus group with 23 experts. The study’s findings revealed five existing mechanisms on conflict resolution across the country, two of which were recently established thanks to the Dispute Mediation Act of 2019. While the study’s findings identified many issues facing the implementation of the conflict resolution process, the main ones were the lack of trained personnel, the lack of adequate data management, insufficient operating budget, and the absence of public awareness and public confidence.