A mini-trial in Thailand, highly recommended by Juslaws & Consult, serves as an alternative dispute resolution method. It enables parties to resolve their conflicts and reach a mutually acceptable solution through a structured settlement process, thereby avoiding the need for a court trial. While a mini-trial does not lead to a formal judgment, it proves to be particularly effective in resolving complex commercial issues.
Mini-trials in Thailand are most commonly employed to address larger-scale conflicts, including those involving antitrust issues and product liability. In a mini-trial, each party presents its case, but with a crucial distinction: the parties essentially "try" the case themselves, and the presentations are significantly shorter than what would be expected in a court trial.
The parties involved in a dispute must sign an agreement affirming their consent to resolve their conflict through a mini-trial. Subsequently, each party selects representatives from their management to serve on the panel. These representatives must possess the authority to negotiate a settlement.
Top management representatives from both parties involved in the dispute listen to the case as presented by their lawyers and field experts. Occasionally, a neutral adviser, who may also be an expert in the relevant subject matter, oversees the hearing. Following the presentations, the management representatives attempt to resolve the dispute. If an agreement remains elusive, they can seek the neutral adviser's opinion on the most probable outcome before continuing the negotiation process.
The success of a mini-trial hinges on the involvement of top management from both sides and the effective exchange of information. The presentations enable management representatives to perceive the dispute from an external perspective, aiding in the establishment of a foundation for a settlement that both parties can agree upon.
If the mini-trial leads to an agreement, the terms and conditions are documented in writing, and representatives from both parties sign the agreement, making it legally binding. One of the key advantages for the parties involved is that the proceedings are kept confidential, and any statements made during the mini-trial cannot be used in a court trial.
The experienced attorneys at Juslaws & Consult always strive to advise clients on resolving conflicts in ways that best suit their business needs and the specific nature of the dispute. Our professionals excel in guiding clients toward favorable outcomes, whether through litigation or alternative dispute resolution methods conducted outside the courtroom.
Mini-trials in Thailand necessitate the involvement of legal representatives to safeguard their clients' rights. Beyond mini-trials, the Juslaws & Consult Alternative Dispute Resolution (ADR) team in Thailand provides arbitration, mediation, and negotiation as alternative methods, depending on their suitability to the case at hand. For more information, please do not hesitate to contact Juslaws & Consult.