New Mediation Code in Thailand - Mediator Qualification Provisions

Potential Additions to Mediation Rule

MEDIATOR QUALIFICATION PROVISIONS

 

General Qualifications

In order to be certified as a Mediator, an applicant must:

1. complete a minimum of 20 hours in a training program certified by the ADRO, and
2. observe a minimum of 4 mediation conferences conducted by a certified Mediator and conduct 4 mediation conferences under the supervision and observation of a certified Mediator; and
3. be of good moral character.

Purpose. The primary purpose of the requirement of good moral character is to ensure protection of the participants in mediation and the public, as well as to safeguard the justice system. A Mediator shall have, as a prerequisite to certification and as a requirement for continuing certification, the good moral character sufficient to meet all of the Mediator Standards of Professional Conduct as set forth in the rules.

Initial Certification. The following shall apply in relation to determining the good moral character required for Mediator certification:

1. The applicant’s good moral character may be subject to inquiry.
   
   
2. A person who has been convicted of a felony shall not be eligible for certification.
   
   
3. In assessing whether the applicant’s previous conduct demonstrates a present lack of good moral character the following factors shall be relevant:

1. the extent to which the conduct would interfere with a Mediator’s duties and responsibilities;
2. the factors underlying the conduct;
3. the applicant’s age at the time of the conduct;
4. the recency of the conduct;
5. the reliability of the information concerning the conduct;
6. the seriousness of the conduct as it relates to Mediator qualifications;
7. the cumulative effect of the conduct or information;
8. any evidence of rehabilitation;
9. the applicant’s candor during the application process; and
10. disbarment or suspension from any profession.