มาตรา 20 ตรี — การไกล่เกลี่ยก่อนฟ้องคดี

คำแปลภาษาไทย

Before filing a case, a person who is to be a party may submit a motion to the court that would have jurisdiction if the case were filed, requesting that the court appoint a conciliator to conciliate the persons concerned so that they reach an agreement or a compromise on the matter in dispute. The motion shall state the names and domiciles of the persons concerned, together with the particulars of the dispute. When the court thinks fit, the court shall accept the motion and shall then inquire into the willingness of the other party concerned to take part in the conciliation. If the other party concerned consents to take part in the conciliation, the court shall have the power to summon the persons concerned to appear before the court in person, with or without an advocate, and shall appoint a conciliator to carry out the conciliation, section 20 bis being applied mutatis mutandis. If the persons concerned are able to reach an agreement or a compromise, the conciliator shall submit the agreement or the compromise agreement to the court. If the court, having considered the matter, is of the opinion that the agreement or compromise agreement accords with the intention of the persons concerned, with the principle of good faith, is fair, and does not contravene the law, the persons concerned shall sign the agreement or compromise agreement.
On the day of making the agreement or compromise agreement under paragraph one, the parties may request the court to render a judgment in accordance with the compromise, stating to the court the reasons of necessity. If the court is of the opinion that the case is one of such necessity that a judgment ought to be rendered at that time, the court shall render a judgment in accordance with that agreement or compromise agreement, section 138 being applied mutatis mutandis.
The making of, and the proceedings under, this section shall not be subject to court filing fees.
An order of the court issued under this section shall be final.
Where the court has issued an order appointing a conciliator but the conciliation ends without result, if it appears that the period of prescription expired after the motion was filed, or will expire within sixty days from the date on which the conciliation ended, the period of prescription shall be extended for a further sixty days from the date on which the conciliation ended.

⚠︎ คำแปลนี้ยังไม่เป็นที่ทราบจากสำนักงาน — กรุณาอ้างอิงตัวบทภาษาไทยเป็นหลัก