PROBLEMS AND OBSTACLES OF IMPLEMENTING THE DISPUTE MEDIATION ACT B.E. 2562 FOR THE CRIMINAL INQUIRY STAGE: A CASE STUDY OF THE THAI METROPOLITAN POLICE BUREAU

Abstract

This research aims to analyze the causes behind the implementation of the Mediation Act B.E. 2562 (2019) during the investigation phase by police investigators under the Metropolitan Police Bureau.

          This study employs a qualitative research approach using semi-structured in-depth interviews with nine  key informants, all of whom are experienced police investigators working in the Bangkok metropolitan area. The research instrument was an in-depth interview guide that was validated for content accuracy by experts, achieving a validity score of 0.1. Interviews were audio-recorded, transcribed, and analyzed using content analysis.

          The research findings reveal that although the Mediation Act B.E. 2562 was intended to reduce the burden on the justice system, decrease the number of cases filed in court, and lower the prison population (Penal Reform International & Thailand Institute of Justice, 2023), police investigators have not practically applied it. This is due to the mediation process being more complex than regular criminal proceedings, a lack of systemic incentives, and no compensation for handling mediation cases. Consequently, the mediation process cannot be effectively implemented in accordance with the objectives of the law.