Under Thai law, there is Pre-litigation Mediation, sometimes referred to as Compoundable Offence Mediation before Filing Lawsuit, which is available for both civil and criminal cases. The mediation is conducted through the Court’s mediation process. The parties are able to reach an agreement and execute a settlement agreement (compromise agreement), the Court will subsequently render a judgment in accordance with the terms of such settlement agreement.

With respect to criminal cases, however, this procedure is available only for Compoundable Offense (Private Offense), that may legally be settled between the parties, such as criminal misappropriation and fraud, as well as Petty Offense (Misdemeanor), which is minor offense punishable by a fine not exceeding THB 10,000, imprisonment for a term not exceeding one month, or both imprisonment and a fine.

Rujira Bunnag