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Mediation Act Section 33 — Court enforcement order and refusal
Mediation Act (พระราชบัญญัติการไกล่เกลี่ยข้อพิพาท) — Section 33.
Plain-English Summary
The court orders enforcement of the settlement agreement unless the court sees, or the party resisting proves, that a party lacked capacity; the cause of the dispute or the agreement is plainly prohibited by law, impossible, or contrary to public order or good morals; the agreement arose from fraud, coercion, threats or any other improper conduct; or a defect in appointing the mediator under Section 24 materially affected the written agreement. An appeal is allowed only where the court refuses enforcement, the order departs from the agreement, or enforcement was ordered in breach of the section; the appellate court's decision is final. The Act speaks of an enforcement order, not of the agreement becoming a judgment.
Official Text
Official Thai text at the Royal Gazette / Office of the Council of State. Translation summary only.
Consult official sourceParent Statute
Mediation Act
พระราชบัญญัติการไกล่เกลี่ยข้อพิพาท · B.E. 2562 (2019)
The Mediation Act B.E. 2562 (2019) provides a statutory framework for mediating civil disputes and certain criminal disputes outside court proceedings; mediation inside court proceedings and at the enforcement stage is outside the Act's definition (Section 3). Mediators are registered under Sections 9 and 10. Civil mediation is limited by Section 20, which excludes personal status, family rights and ownership of immovable property and sets a claim-value cap, and criminal mediation is limited to the offences in Sections 35 and 41. A written settlement agreement (Section 30) can be enforced by applying to the court (Section 32), and the court must order enforcement unless one of the Section 33 grounds is shown.
The summary above is a plain-English educational paraphrase of Section 33 of the Mediation Act. It is not an authoritative translation. For the binding Thai text, consult the Royal Gazette or the Office of the Council of State. Educational use only — not a substitute for advice from a Thai-qualified lawyer.
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