When disagreements escalate, the first thought is often to “take it to court”. But the reality is, litigation in Thailand can be stressful, expensive and potentially drag on for years. At Unity Inter Law, we believe there’s often a better way to resolve conflict, and one that saves time, reduces costs and avoids unnecessary hostility.
That better way is alternative dispute resolution (ADR), and our experienced lawyers in Pattaya guide clients through the ADR processes that encourage cooperation, keep matters confidential and help everyone move forward without the burden of a lengthy trial.
What is Alternative Dispute Resolution?
In simple terms, alternative dispute resolution is any method of settling disputes without going to court. Instead of a judge making a ruling after months of hearings, ADR gives both parties the chance to reach an outcome together, with the help of a neutral third party.
Thailand formally recognises ADR under the Civil Procedure Code (No. 32) B.E. 2563, which allows parties to request a court appointed mediator before filing a lawsuit. This means that ADR isn’t just a “last resort”, and it’s often the first step in resolving disputes legally in Thailand.
There are three main approaches used here: arbitration, mediation, and conciliation. And while there are times when court action is unavoidable, ADR often provides a smarter alternative.
Arbitration in Thailand
Arbitration is the most formal type of ADR. In this process, both parties agree to bring their dispute before a neutral arbitrator (or a panel of arbitrators), who listens to the evidence and then makes a decision.
Key features of arbitration in Thailand include:
- Governed by the Arbitration Act B.E. 2545 (2002), based on international arbitration standards
- Decisions are usually binding, giving certainty and closure
- Arbitrators are often experts in the relevant industry or field of dispute
- Hearings are flexible and can be scheduled outside of the court’s timetable
- The process is confidential, unlike public court hearings
For example, if two companies are locked in a contract dispute, arbitration allows them to present their cases to an expert in commercial law rather than waiting for a judge who may have little industry knowledge. This typically leads to a more practical, informed outcome.
Mediation and Conciliation
Mediation and conciliation are less formal than arbitration and focus on helping the parties find a mutually acceptable solution.
A mediator acts as a neutral facilitator, encouraging both sides to talk openly and identify their real concerns. The mediator doesn’t make decisions but helps the parties find common ground.
A conciliator takes a more active role, often suggesting possible compromises and guiding the parties toward a realistic outcome. This method is common in Thai labor disputes, where the conciliator helps employees and employers resolve conflicts before they escalate.
These methods are especially useful when relationships matter, such as business partnerships, employment contracts or family disputes, because they reduce hostility and encourage collaboration.
Why You Still Need a Lawyer in ADR
Even though ADR is less formal than going to court, having professional legal guidance is crucial. Without a lawyer, you may not fully understand your rights or the long term implications of an agreement.
At Unity Inter Law, our lawyers can:
- Prepare your case – making sure your position is clear and well supported
- Advise you on risks and consequences – so you don’t agree to something that harms you later
- Negotiate on your behalf – ensuring your interests are properly represented
- Review settlement terms – to confirm that agreements are fair, enforceable and in line with Thai law
Take the First Step Toward Resolution
As one of Pattaya’s trusted legal teams, Unity Inter Law is proud to be regarded as one of the best law firms for alternative dispute resolution in Thailand. We combine local expertise with an approachable, client first attitude.
We understand that every dispute is unique, with some clients wanting a quick settlement, others wanting to preserve important business or family relationships, and some simply would like to avoid the expense of litigation. Whatever your priorities, our team will tailor a strategy that works for you.
With deep knowledge of Thai law, experience in both domestic and international disputes, and a reputation for professionalism, Unity Inter Law is the partner you need when facing difficult conflicts.
Reach out to our lawyers today, and we’ll walk you through your options and stand by your side every step of the way.