ABSTRACT

             This thesis is of 3 objectives, i.e. 1) to study the way to mediate disputes of Mediation of Lawyers Council; 2) to study the way to mediate disputes according to Buddhist principles; and 3) to compare the mediation of Mediation of Lawyers Council with the mediation according to Buddhist principles. 

             From the study, it is found the followings:

1) The mediation of the Lawyers Council: There is a control among the lawyers as dispute mediators by their ethics consisting of the followings: performing duties without taking side; having no bias towards any side; equally giving justice to the disputing parties; keeping factual information yielded from the mediation as a secret; accepting being the mediator of any dispute case, the mediator cannot act as a lawyer or an arbitrator for the dispute parties; giving advice in views of advantages and disadvantages to the dispute parties; and behaving according to the lawyers’ ethics and conducts complying to the regulation of the Lawyers Council stating in the Lawyers’ Manners, 1986.   In the aspect of qualifications, the dispute mediators must have been the lawyers for at least 5 years and their ages must be at least 35 years, and have never been legally punished from any missed lawful manners nor having been in the investigation accordingly; they must not have immoral and untruthful conducts; and they must pass the standardized training according to the designation of the Lawyers Council.  

              2) The mediation according to Buddhist principles: Buddhist peaceful means is available for using in the process of mediation; that is having loving kindness to each other, lessening bias towards each other, forgiving each other, and having right speech to each other.  For the qualification of the mediators in accordance with Buddhist peaceful means is the principle of Kalyāṇamitta-dhamma.  

             3) The outcome of the comparison between the mediation of the Lawyers Council and the mediation according to Buddhist principles:  There is conformity both in the content and the way of practice.  It is found that the regulation of the mediation of the Lawyers Council in view of mediating disputes in 2004 especially in the parts of dispute mediating process and qualification of the lawyers as mediators contains no conflict against Buddhist peaceful means.  And from the interview, the 9 interviewees altogether consisting of the director and the chief of the Lawyers Council, and the lawyers as mediators, it is found that the conceptual ideas and the practicing way of everyone are in accordance with the Buddhist peaceful means.

          In conclusion, in proceeding dispute mediation, there should be the application of Buddhist peaceful means, especially Kalyāṇamitta-dhamma; this certain Dhamma should be qualification of the dispute mediators.  And in mediating disputes, it should be done through loving kindness without bias, and forgiveness, including having the right speech to one another.  Specially the mediators themselves, they should have all these in order to control the process of the dispute mediation successfully.

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