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
