New Mediation Code in Thailand - Appendix 5


A. The party or parties filing a Request for Mediation shall include with the Request a non-refundable registration fee of _______ to cover the costs of processing the Request for Mediation. No Request for Mediation shall be processed unless accompanied by the requisite payment.

B. The administrative expenses of ADRO for the Mediation process shall be fixed at ADRO's discretion depending on the tasks carried out by ADRO. Such administrative expenses shall not exceed the maximum sum of _____________ per Mediation [or alternatively: _____________ per party].

C. The fees of the Mediator shall be calculated on the basis of the time reasonably spent by the Mediator in the Mediation proceedings, at an hourly rate fixed for such proceedings by ADRO in consultation with the Mediator and the parties. Such hourly rate shall be reasonable in amount [and shall be determined in light of the complexity of the dispute and any other relevant circumstances]. The amount of reasonable expenses of the Mediator shall be fixed by ADRO.

D. Amounts paid to the Mediator do not include any possible value added taxes (VAT) or other taxes or charges and imposts applicable to the Mediator's fees. Parties are required to pay any such taxes or charges; [however, the recovery of any such taxes or charges is a matter solely between the Mediator and the parties]. ]

E. Subject to otherwise announced by the Office of the Judiciary, the Mediation costs in (a) (b) (c) and (d) above shall not be applied or required to be paid by the parties, if :

  1. (i) the Mediation process is conducted for a court referred case under the court of Justice Regulation on Mediation of Financial Disputes of B.E.2544 or the Court of Justice Regulaiton pertaining to Mediation of B.E. 2544, and
  2. (ii) a Mediator, is appointed from ADRO’s List of Registered Mediators.