If the parties cannot settle the problem between each other, litigation will be part of the system to help both parties solve their problem. In the context of solving a problem by litigation, the client needs to consider an experienced lawyer to proceed on their behalf in Courts. The communication between the client and his lawyer is important in order to lodge a winnable case or arrive at the case’ objective.
This is our edge in selecting us to assist you in the litigation process. We have a team of experienced lawyers who are able to communicate with you in Thai and English. All of our staff are service-oriented in finding solutions to your legal problems, issues and concerns.
The litigation process can be divided in 2 steps.
Firstly, when we file the case to the Court, the Court will make an appointment for mediation between parties. The chairman who conducts the negotiation part is a special judge who assess the need to settle the problem which can be favorable to both parties. With this step, both parties need to consider only their goal without the law to achieve it. If both parties stick with the law, it may affect the negotiation. This is because the law is designed to arrive at a decision and not for compromise.
Secondly, if both parties cannot come into a compromise agreement during the negotiation, the special judge will revert the case file to the court room, then the main judge in the case will start the standard court procedure. The lawyer needs to step in to help the client make a stronger case by issuance of the subpoena, request for reliable evidence to proceed to proceed further, among others, until the Court renders judgement.
What are the benefits of a compromise agreement?
- The compromise agreement has the same effect as the court judgement that either party can enforce it immediately if one of the parties had breached any of the terms of the compromise agreement.
- Save cost and time for every parties. The plaintiff and the defendant can finish the court process within 3 months when both parties come into a compromise agreement different from the court procedure that requires at least 6 months – 1 year not including the appeal process. Some case the appeal would take 3-5 years until the court can issue the final court judgement certificate.
- When both parties come into compromise agreement, the plaintiff can refund the court fee at a maximum amount of 80%.
If you need more information about the litigation process in Thailand, please do not hesitate to contact us or click more on links.