Civil Procedure Code section 20

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Civil Procedure Code section 20
Section governing 'pre-filing court mediation' for civil cases (like divorce); no court fee, consent judgment if settled (Civil procedure code section 20 ตรี).

Civil Procedure Code Section 20 ตรี — Pre-Filing Mediation for Civil Cases (Thailand)

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Section 20 ตรี (20 ter) of Thailand’s Civil Procedure Code (ประมวลกฎหมายวิธีพิจารณาความแพ่ง, ป.วิ.พ.) lets parties request court-run mediation before filing a lawsuit. There is no court fee for the application; if the parties settle, the judge may issue a consent judgment (คำพิพากษาตามยอม) the same day.

Scope, what kinds of cases?

Section 20 ตรี is a general pre-filing mediation route for civil disputes. Typical uses include: contract and debt claims, property and inheritance disputes, lease/security deposit issues, tort (negligence/accident) claims, commercial matters, and family cases (e.g., divorce, maintenance, custody). It does not apply to criminal proceedings or to cases governed by other court systems (e.g., administrative courts). If a civil case is already filed, mediation proceeds under Section 20 bis instead.

Official Thai text (excerpt) & source

“ก่อนยื่นฟ้องคดี บุคคลที่จะเป็นคู่ความอาจยื่นคำร้องต่อศาลที่มีเขตอำนาจ … การขอและการดำเนินการตามมาตรานี้ ไม่ต้องเสียค่าขึ้นศาล”

Full wording published in the Royal Gazette (Act Amending the Civil Procedure Code (No. 32), B.E. 2563):
Official PDF — ราชกิจจานุเบกษา (8 Sep 2020)

Note: We show a short excerpt here and link to the official PDF for the complete Thai text.

Unofficial English translation — CPC Section 20 ter

Disclaimer: Unofficial translation for convenience only. The Thai text prevails.

Section 20 ter. Before filing a lawsuit, a person who would be a party may submit a petition to the court having jurisdiction, if such case were to be filed, requesting the court to appoint a conciliator to mediate so that the parties concerned may reach agreement or compromise on the matters in dispute. The petition shall specify the names and domiciles of the parties concerned as well as details of the dispute.

When the court deems it appropriate, the court shall accept the petition and inquire into the willingness of the other party to participate in the mediation. If the other party consents to participate, the court shall have the power to summon the parties concerned to appear before the court, with or without their lawyers, and appoint a conciliator to conduct the mediation, with the provisions of Section 20 bis applied mutatis mutandis.

If the parties concerned are able to agree or compromise, the conciliator shall submit the agreement or compromise to the court. If, upon consideration, the court finds that the agreement or compromise reflects the parties’ intention, accords with good faith, is fair, and does not contravene the law, the parties shall sign such agreement or compromise.

On the day the agreement or compromise under paragraph one is made, the parties may request the court to render a consent judgment, showing reasons of necessity to the court. If the court finds that it is necessary to render judgment at that time, the court shall render judgment in accordance with the agreement or compromise, with Section 138 applied mutatis mutandis.

No court fee shall be charged for applications and proceedings under this section. Orders of the court issued under this section shall be final.

Where the court has ordered the appointment of a conciliator but the mediation ends without success, if it appears that the limitation period has expired after the filing of the petition or will expire within sixty days from the date the mediation ends, the limitation period shall be extended for an additional sixty days from the date the mediation ends.

How it works (plain English)

  1. Petition (pre-filing): File at the court that would have jurisdiction; name the parties and outline the dispute.
  2. Consent check: The court asks the other side to agree to mediate; parties may attend with or without lawyers.
  3. Mediation session: A court-appointed conciliator helps explore settlement (in person or online).
  4. Outcome: If settled, the judge may issue a consent judgment the same day. If not, you may still file the lawsuit; the limitation period is extended by 60 days from the mediation end date.
  5. Fees: No court fee for the §20 ตรี petition/proceedings; related court orders are final.

How section 20 ter relates to section 20 bis

Section 20 bis governs mediation during a pending case (after a lawsuit is filed). Section 20 ter covers the pre-filing path. Practice under §20 bis (e.g., private sessions, appointment of conciliators) can be applied to §20 ter by analogy (mutatis mutandis).

Practical notes for foreigners

  • Language: You may bring an interpreter. Some courts support remote sessions.
  • Documents: Bring ID and any records that support settlement (contracts, ledgers, property lists, parenting proposals).
  • Family example: In divorce or maintenance cases, a §20 ตรี settlement can end with a consent judgment; the registrar (Amphur) updates civil status from the judgment.