You are using an outdated browser and your browsing experience will not be optimal. Please update to the latest version of Microsoft Edge, Google Chrome or Mozilla Firefox. Install Microsoft Edge

November 19, 2025

Prelitigation Mediation in Thailand: An Early Resolution Option

Subscribe to Updates

Litigation has its place in resolving business disputes, but it is often time-consuming and costly. In Thailand, a straightforward civil case can take a year or more to reach judgment at first instance, and appeals can extend that timeline further. Court filing fees are tied to the value of the claim, typically amounting to around two percent for claims up to THB 50 million, before accounting for attorney fees, translation costs, expert work, and the internal time that management must devote to the case.

Against this backdrop, Thai law provides an alternative pathway for parties to attempt resolution before filing suit, and Thai courts commonly encourage mediation as part of the dispute-resolution process. Specifically, prelitigation mediation is a court-supervised process designed to facilitate confidential settlement discussions at an early stage. Participation is voluntary and requires the consent of both parties. The process does not replace litigation but is available in parallel as an initial step for interested parties. If the parties reach an agreement, the settlement can be recorded as a consent judgment that is directly enforceable in Thailand. If no settlement is reached, the parties retain their full right to proceed with a court claim.

Reasons to Consider Prelitigation Mediation

Prelitigation mediation can offer several advantages. It may shorten timelines from months or years to just weeks, reduce legal costs, and keep discussions confidential. It also allows parties to pursue practical, business-driven solutions or tailored remedies that address their specific needs—outcomes that may not be available through traditional litigation. To facilitate this process, under Thailand’s Civil Procedure Code, parties may petition the court to initiate prelitigation mediation before filing a suit. If the opposing party agrees, the court appoints a mediator to work with the parties under established mediation rules. In such a scenario, there are no court fees for the petition or for the mediation itself.

The true value of prelitigation mediation lies in its potential outcome. If the parties reach a resolution and enter into a settlement agreement, they can ask the court to issue a consent judgment. The court will review the agreement to ensure it is not contrary to public policy, illegal, or unfair. If approved, the consent judgment is a legally binding order with the same enforceability as a final court decision. If one party fails to comply with the agreement, the other may enforce the judgment directly against the breaching party’s assets for up to ten years from the date of the consent judgment, without filing a new claim. If no agreement is reached, the parties retain full rights to litigate.

When Can Prelitigation Mediation Be Useful?

Prelitigation mediation may be particularly effective in cases where the core issue, such as a contractual obligation or a debt, is clear but the timing or interpretation is in dispute. It can also be useful when private negotiations have stalled and a neutral mediator could help restart progress, or where one party holds assets in Thailand, making a locally enforceable outcome more practical. This process can be applied to a wide range of matters, including contractual disputes, wrongful act claims, debt recovery, international transactions, enforcement of cross-border settlements, and some types of labor issues. Even when settlement is not achieved, prelitigation mediation can provide valuable insight into the other party’s priorities and likely settlement range, which may inform subsequent litigation or arbitration strategy.

How Parties Can Pursue Prelitigation Mediation with a Legal Specialist

For parties considering dispute resolution in Thailand, engaging a legal specialist can be a very important factor in determining the strategic success of prelitigation mediation. Local practitioners who are well versed in both mediation processes and court procedures can provide guidance on the suitability of prelitigation mediation for a specific dispute.

Legal specialists should be able to provide:

  • Case assessment and strategy: Evaluating the merits of the case, readiness of evidence, asset profiles, and realistic settlement parameters.
  • Negotiation preparation: Planning approaches that encourage productive engagement while preserving leverage.
  • Documentation and presentation: Preparing petitions, briefs, term sheets, and settlement documentation suitable for conversion into a consent judgment.
  • Execution and enforcement: Assisting with court approval of consent judgments and ensuring enforceability.
  • Transition to litigation: If mediation does not lead to settlement, ensuring a seamless shift to litigation or arbitration.

Prelitigation mediation offers parties an additional, court-supervised avenue to seek resolution before commencing formal litigation. It can provide a cost-effective and confidential opportunity to settle disputes early while maintaining the right to pursue litigation if needed.  Collaborating with a legal specialist can help ensure that each stage of the process is handled in accordance with Thai legal requirements and best practices.

Related Professionals

Practices

Dispute Resolution and Litigation

Location

RELATED INSIGHTS​ 

August 5, 2024
Thailand has continued to face economic challenges since the COVID-19 pandemic, and some businesses have struggled to survive. One of most important measures that indebted businesses in Thailand can take is to file a business rehabilitation petition with the Bankruptcy Court. The Bankruptcy Act B.E. 2483 (1940) provides “automatic stay” measures to protect the debtors that have entered the business rehabilitation process, and during this time creditors have duties and rights under the Bankruptcy Act as well. Once Thailand’s Bankruptcy Court accepts a rehabilitation petition and issues an order for rehabilitation, the debtor is under this automatic stay protection against actions from the creditor to seek debt repayments, and the creditors are only allowed to pursue their debt repayments by submitting a debt repayment application to the official receiver within one month of publication of the plan preparer’s appointment in the Government Gazette. These are general conditions specified in the Bankruptcy Act. However, there are several practical precautions that are not specified in the Bankruptcy Act but that creditors should take during rehabilitation. Below are several steps creditors need to consider taking at various stages of the rehabilitation process. 1. Appointing a local Thai representative to act on behalf of the creditor in the rehabilitation The rehabilitation process requires much more than just submitting the debt repayment application within the fixed one-month period and then waiting for the result. It also involves contacting, meeting, and discussing with the official receiver, plan preparer, other creditors, or debtor representative to investigate or settle any arguments on the debt. Moreover, the language used in all the processes and documents is usually Thai. In practice, creditors—especially foreign creditors—should authorize a Thai attorney or representative through a valid power of attorney (POA) to represent them during all the rehabilitation proceedings. This includes the investigative
Read More
July 31, 2024
On the afternoon of 19 April 2024, a cramped courtroom at the People’s Court of Hanoi was the setting for the first criminal trial of a case of copyright and related rights infringement in Vietnam, regarding the act of illegal streaming of English Premier League football matches on online platforms. This case is expected to open the door for the criminal prosecution of other cases of copyright and related rights infringement on the internet, an area that has faced numerous difficulties over the past two decades. First criminal case of illegal streaming Vietnamese criminal law has long had provisions in place for criminal handling of copyright infringement crimes, specifically in Article 131 of the 1999 Penal Code. However, more than 20 years after this law took effect, and even though Vietnam enacted the 2015 Penal Code with subsequent amendments, these regulations have remained mainly a law on paper only, and many significant and serious cases causing great frustration for rights holders and society have not been criminally prosecuted. The case in question was initiated by a denunciation of the BestBuyIPTV subscription service by the Football Association Premier League Limited (the “Premier League”) and the Alliance for Creativity and Entertainment (“ACE”), a coalition of global entertainment companies and film studios dedicated to combating digital piracy and copyright infringement. BestBuyIPTV had illegally streamed Premier League matches and other protected works without authorization of the rights holders. In 2023, after an extensive investigation, the Cybersecurity and High-Tech Crime Prevention Division (PA05) and the Police Department for Investigating Corruption, Smuggling, and Economic Crimes (PC03) of the Hanoi police brought a case for criminal copyright infringement, pursuant to Article 225 of the 2015 Penal Code, against the offender, an individual named Le Hai Nam, consolidating the dossiers for the People’s Procuracy to indict this
Read More
July 5, 2024
In this chapter from Eversheds Sutherland’s Global Freezing Order Guide, attorneys from Tilleke & Gibbins provide answers to common questions regarding civil freezing orders and their particulars in Thailand. 1. Are freezing orders (or their equivalent referred to below) available in civil legal proceedings in this jurisdiction and what is their effect? Yes. The effect of a freezing order is that the respondent is prohibited from transferring or disposing of the assets referred to in the freezing order until a specified time (for example, a further hearing, a judgment or payment) or a further order of the Court. The property subject to a freezing order may include the property in dispute or the respondent’s property, including money or property owed to the respondent by a third party. Thai law is silent on the issue of whether a freezing order issued by a Thai Court could potentially apply to assets located outside of Thailand. In light of this, in practice, a Thai Court is unlikely to include assets located outside of Thailand in a freezing order. It is possible that a Thai Court could order a respondent over whom it has jurisdiction not to transfer any property or other assets located abroad, however, enforceability may be difficult, with limited consequences where the respondent refused to comply with such an order. 2. Are other interim orders commonly made in conjunction with a freezing (or equivalent) order? No. The Court does not typically place obligations on the respondent to provide disclosure of the nature, value and location of his, her or its assets, with the onus being on the applicant to provide the Court with the information available. 3. Briefly what is the relevant legal test? The applicant has to prove that there is good cause for the complaint. The applicant must
Read More
June 11, 2024
Over the past decade, business rehabilitation proceedings in Thai courts have received a great deal of attention from debtors and creditors, especially after the COVID-19 pandemic. Business rehabilitation and bankruptcy proceedings have different objectives in court. As a result, Thai courts have a different perspective and set of criteria for considering and approving rehabilitation proceedings than for bankruptcy petitions. Both proceedings are outlined in the Bankruptcy Act B.E 2483 (1940). This article mainly discusses in-court business rehabilitation proceedings. Three parties can petition the court to initiate business rehabilitation proceedings: Debtors; Creditors; and Certain authorities, such as the Bank of Thailand For a debtor to be subject to business rehabilitation proceedings, it must: Be insolvent or unable to repay debt of at least THB 10 million (for corporate debtors) or from THB 2 million to less than 10 million (for SME debtors); Have debt that is determinable but has not yet become due; Be indebted to one or more creditors, where the combined total of the debt is within the required debt amounts above; and Have reasonable cause and possible ways to rehabilitate its business. Court Approval of a Petition Upon receipt of the business rehabilitation petition, the Bankruptcy Court will schedule a hearing on it. In conducting an inquiry into the petition, the court will consider whether: The facts in the petition are true; There are prospects of success for business rehabilitation; and The petitioner has filed the petition in good faith. If these three criteria are met, the court will approve the business rehabilitation. Prospects of Success In considering whether there are prospects of success for business rehabilitation, the court will look at whether the business rehabilitation petition contains reasonable grounds as well as appropriate and feasible solutions for rehabilitating the business. In that regard, the petitioner must
Read More