Development guidelines model of meditation on environmental disputes for the restoration of natural resources in Thailand

Abstract

This research aimed to 1) study basic data about mediation on environmental disputes for developing a model of mediation on environmental disputes for the restoration of natural resources, 2) to study and seek factors affecting the mediation process on environmental disputes affecting the restoration of natural resources in a tangible manner and 3) to prepare a model and suggestion appropriate to current situations based on development guidelines model of mediation on environmental disputes for the restoration of natural resources and environment for sustainability by means of collecting and studying data, reviewing concepts, analyzing and synthesizing documents through non-participant observation and interview of persons related to the process. The study results about development guidelines model of mediation on environmental disputes for the restoration of natural resources in Thailand, discussion based on the case study on seeking a model of mediation on environmental disputes for the restoration of natural resources in Thailand, and suggestions about mediation on environmental disputes management guidelines for the restoration of natural resources in Thailand found as follows:

1) There were several processes describe ways to resolve disputes which can be separated into dispute resolution in court that the dispute is brought to court proceeding and dispute resolution out of court which is primary dispute resolution based on negotiation to find the best solutions to the problem through civil society, organizations, and government agencies or other agencies. Currently, the mediation process on environmental disputes refers to the mediation process guidelines on general disputes, especially mediation in civil and criminal cases. Such processes and methods were not consistent with problem-solving or dispute resolution on environmental cases in an efficient manner. Meanwhile, government policies and legal restrictions had an effect on management and models of mediation on environmental disputes that have to be changed according to restrictions of each case and details and victims had to seek guidelines to stop problems and disputes from other alternatives on their own. Finally, those disputes had to be brought to court proceeding. According to principles and belief in Thai society, a court is the last resort for people. Though the mediation process on environmental cases occurs, Thailand majorly refers to the mediation process on civil cases in which emphasis is placed on conclusion of complaints about compensation, remedies, and compensation for loss or damage caused to persons or properties. As for natural resources and environment, people have not had the rights to claim from the judicial system or mediation in a systematic system as it is considered roles and duties of the government to carry out to claim the remedial process for natural resources and environment. Legal restrictions allow the government to be the only person can claim and only some parts can be claimed such as expense related to pollution elimination not including expenses related to restoration, remediation, conservation and substitution of damaged or affected natural resources and environment.

2) Factors affecting the procedures of mediation on environmental disputes for the restoration of natural resources and environment in Thailand comprised (1) government policies and relevant laws; government policies on environment were important factors which did not facilitate the mediation process on environmental disputes to reach an achievement since there are many laws enforced by agencies and organizations and are not consistent with and encouraging the mediation process on environmental disputes for the restoration of natural resources, (2) mediators must have experience and body of knowledge about legal approaches and natural resource management for being able to understand and access problem conditions of the other party comprehensively and for being able to recommend appropriate problem-solving guidelines to the other party, (3) experts in environment and relevant interdisciplinary must perform their duties to provide suggestions, verification, inquiry method, fact finding through principles and methods including advanced technology showing any damage and impact on ecosystem and commensalism in ecology and environment to enable mutual acceptance between dispute parties unanimously, (4) environmental data and technology and (5) lawyers or attorneys; giving lawyers and/or attorneys to participate in discovering, investigating, inquiring, finding fact and mutually seek solutions for making and specifying an agreement between dispute parties contributed to good results to the mediation process on environmental disputes for the restoration of natural resources in achieving an agreement in an easier manner.

3) Guideline models of mediation on environmental disputes for the restoration of natural resources and environment for sustainability in Thailand that the researcher proposed are Thailand needs to establish a central agency as the control center to give advice and environmental dispute mediation at a regional level and central level, receive complaints from persons having an impact of environmental damage, coordinate with relevant agencies, evaluate and verify fact, give legal advice and legal procedures for environmental dispute mediation, investigate fact to carry out remedies, substitution, and compensation for trouble or damage fairly, seek models for managing, restoring, remedying, conserving damaged or affected natural resources and environment in a systematic manner by means of RY-TW mediation model on environmental disputes which includes 2 processes as negotiation to reach a mutual agreement and dispute mediation carried out by 3 procedures as seeking major and urgent problems (Need), seeing guidelines for solving problems, impact, and demands (Want), and mutual responsibility for natural resources and environment (Wish).