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A Model of the Mediation by Buddhist Peaceful Means: A Case of the Mediation Center of Lawyers Council, Bangkok
Researcher : Witool Nuyimsai date : 20/03/2019
Degree : พุทธศาสตรดุษฎีบัญฑิต(พระพุทธศาสนา)
Committee :
  พระมหาหรรษา ธมฺมหาโส
  บรรพต ต้นธีรวงศ์
  -
Graduate : ๙ กุมภาพันธ์ ๒๕๖๒
 
Abstract

This research is of 3 objectives, i.e., (1) to study principles, ideas, theories and practices related to the model of the international dispute mediation, and the model of dispute mediation of the Lawyers Council, (2) to study the model of dispute resolution in Theravada Buddhism, and (3) to present a model of dispute settlement of Mediation Center of Lawyers Council by Buddhist Peaceful Means. This research is qualitative, emphasizing documents and interviews with experts and scholars in dispute resolution and in Theravada Buddhism, respectively.

The outcome of the research found the followings:

The principles and process related to the model of the international dispute mediation and the current state of dispute mediation of the Lawyers Council are consistent; in terms of dispute mediation principles, they are: the guidance principle, the true voluntary principle, the principle of satisfactory settlement of disputants, the principle of not considering the rights and wrongs in law issues and the relief to each other, and the principle of confidentiality; all of these principles can include the mediator's qualifications in many ways, i.e. being honest, creative with intelligence, not taking side, not getting angry with any party nor having any prejudice, being optimistic in mediation, being patient, effective listener, flexible, not judging, being persevering, self-positioning as the one who deserves to be respected, giving honor to disputants, keeping disputants’ secrets, having ability in negotiation and communication, and having knowledge and experience in mediation by having such mediation process consisting the role of dispute mediator and methods of mediation which include the roles of facilitating, supporting, accommodating, information communicating, and credibility protecting.  For the techniques of dispute mediation, they are preparation of the place for dispute mediation, making opening speech, building of trust and friendship, asking questions, listening, setting issues, translating words, including self-neutralizing, disputant empowerment, checking possibility, and signing agreement.  For the process of dispute resolution in Theravada Buddhism, its way of practice is by Buddhist peaceful means with the holding on to the principle of the Four Noble Truths in analyzing problems.  In this research, it presents a model of dispute settlement of Mediation Center of Lawyers Council by Buddhist Peaceful Means comprising mediators’ inner and outer qualities; the inner defined as being conscious, patient, unbiased and benevolent while the outer are having good friends, morality, honoring others.  For the method model of dispute resolution, it consists of the role and mediating technique of dispute mediators, i.e. the role of loving kindness in accordance with the virtues for fraternal living or Sārāniyadhamma and the use of the Middle Way or technique Majjhimā patipadā.  Lastly, the process model of dispute mediation is the use of the Four Noble Truths in proceeding the process of dispute mediation of which having 5 steps of 1) start to analyze sorrows or Dukkha, 2) start talking with nice words or Piyavaca, 3) search for issues with loving kindness, 4) sharing opinions without bias, and 5) aiming for the aspect of forgiveness with the dispute mediating purpose of ‘Peace’ or disputants’ settlement of disputes by forgoing matters towards each other.

 

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