As most Asian countries, Thailand has its own rules and codes that differ from its western counterparts when it comes to trying to reach an agreement or compromise by discussion with the other party.
As a matter of fact, three main recurring challenges can be faced in settlement negotiations in Thailand. The first difficulty is the fact that the other party(ies) may not fully grasp all relevant issues. Another main challenge is that the other party(ies) may be unsure of their own requirements and necessities. Finally, attitudes can be fueled by different kinds of emotions such as loss of face, pride, or passion.
Negotiating settlements in private depends on many factors that are unique to each and every case. However, the following indications can be considered for successful agreements:
- The notion of “without prejudice” is not recognized in Thailand. In other words, judges are not required to follow this notion and can accept written evidences at their discretion.
- Private negotiation settlements depend on parties’ agreement. Oral agreements can’t be used as evidences in cout. Summarized records of the proceedings during meetings have to be written and signed by each side to be accepted as evidences for courts. In case they are not signed, they are not considered as admissible evidences for the court.
- In case of court mandated mediation session, agreement should be written and reviewed by the mediation. Then, the written settlement is sent to court for review. Once the agreement is legally endorsed, it will become enforceable in case of a breach of the settlement.
