An Analysis of Communication Styles Among Mediations in Thai Police Station: Victim and Offender Roles.

Chapter 1
Introduction
Rational for the study

Viraphong Boonyobhas (2008) said that “Crime” in Thai Legal System and Criminal Justice means offence for which there is sanction by law and such offence is collectively serious law- breaking. It is necessary for Thailand to suppress the crimes and seal loopholes under criminal cases by having strong legal provisions and criminal justice agencies.
The Criminal Justice of Thailand (Viraphong Boonyobhas, 2008)
The purpose of the criminal justice system is to process those who have been accused of criminal activities. At the outset, Thai criminal justice consist of the police who is responsible for gathering evidence and arresting suspected law violators. Next the prosecutor is responsible for evaluating the evidence from the police and has discretion to decide whether it is sufficient to sue against alleged or provided be stage, are responsible for defending the accused. Meanwhile, defense attorneys whether privately retained or provided be state, are responsible for defending the accused. At trial, the judge is an arbitrator in court who ensures that the defense and prosecutor adhere to the legal requirements of introducing evidence and examining and cross-examining witnesses. After considering all evidences the judge will pronounces sentences against those who found guilty. Probation officers construct presentence investigations the judge will make use of in the determination of sentences, and also supervise convicted defendants placed on probation. If the defendants are convicted and sentenced to prison the prison system receives and keeps them until the parole board grants them parole or they have completed their sentences. Finally, the correction will release prisoners in their reintegration into the community again. It is the police’s responsibility to protect fundamental rights. The criminal justice system and the police will protect the rights of the innocent and punish the guilty. Despite the police effort to keep the criminals off the street, the number of crimes is increasing rapidly. There are conflicts happening in our society every minute. However, there are ways to manage the conflicts: negotiation, mediation, arbitration and court procedure. Mediation comes across as an alternative to conflict resolution. Instead of putting a case in the courts or attempting to force an adversary to comply, mediation helps parties (victim and offender) come to agreements in a peaceful way. Therefore, there is a neutral third party involved in mediation to help resolve the dispute. The mediation effort is significantly greater in the case of enduring rivalry. It is necessary to know how the police inquiry officers can help society by resolving the conflict.
In Thailand, there are 143,061 convicts in prisons (Department of Prisons, 2007). In the United State of America and Australia, attempts are made to settle the dispute in an outside court, through the mediation process (Kent Dreadon, 2005 : 112); The mediators have to train hard to improve their mediation skills (Tony Willis, 2006). There are 1,451 police stations in Thailand, but only 8,333 workers are mediators when the intended number is as large as 10,298 (Royal Thai Police, 2008). Therefore, more mediators are to be recruited to serve the increasing number of disputes. If the disputes could be settled in the mediation process, that would result in a smaller number of lawsuits going to court.
The mediator is an important as a person who creates an atmosphere the disputants not to brought to terms by using force or in a harsh way and provide advice to the parties; As McCorkle and Ross (2005) stated the role of mediator is not to act as a dictator by controlling the process, but rather like the captain who steers the mediation ship down a safe channel. The disputants may try to take the helm of the ship and steer it into narrow side channels, but it it the mediator’s responsibility to resist and to maintain control.
Mediation result : - Successful - Not successful
The mediation process is carried out by police responsible for the case and acting as mediator.In this study, I want to explore the victim-offender mediation styles in a Thai police station. The police and civilian use the styles as an alternative when they want to work out the disagreement outside of court. The mediation effort can help delay the violence and prevent crimes from happening
When a crime occurs, the process is as follows: the victims inform the police inquiry officers and the police call the disputants (victims and offenders) to meet at the police station. They must then investigate and find the data or facts of the dispute. In this process the disputants will mediate voluntarily; the police cannot do anything involving mediation at this stage because they do not have the mediation law in Thailand to permit them to become involved, so the disputants mediate by themselves. If they cannot mediate at this point, the police inquiry officers will make a file of the case and send the file to the prosecutor and court procedure by the law.
The table indicates the sum of the mediation (not only for compoundable offecnces but also including other offences) by police inquiry officers. 2007 shows more mediation than in 2006, especially in Provincial Regions 1, 4, 5, 6, 7, 8 and 9. Here, mediation has an important role in the current criminal procedure, but the amount of mediation in the Metropolitan Region and Provincial Regions 2, 3 shows a reduction from 2006 to 2007. Mediation can help keep the community safe; but as yet, there is neither a law nor mediation patterns for the police who work with the disputes, the victim and the offender. With mediation patterns and a mediation law, the police and people would have an alternative way of restoring problems in society.
The scope of the study
1. Study the inquiry officers in Thai police station (88 Metropolitan and 1,363 Provicial police stations)
2. Study the mediation in only cases of compoundable offences in the Criminal Code by the inquiry officers.
3. Research Duration : August 2008 - December 2009

Objectives
I would like to review the available literature on mediation. The review has following three aims:
1. To explain the current situation as regards the victim-offender mediation format.
2. To determine factors that influence the successful mediation.
3. To construct the effective mediation strategy for resolving disputes.
Research Questions
1. What is the current situation of victim-offender mediation?
2. How each factor can influence the successful mediation?
3. What are the effective mediation strategies in police communication?
Definition of Terms
1. Attitude is a position of the body or manner of carrying oneself: stood in a graceful attitude. A state of mind or a feeling; disposition: had a positive attitude about something. An arrogant or hostile state of mind or disposition. The attitude can be measured.
2. Disputants are the persons who dispute in the criminal case: victim or offender.
3. Victim is the one who is harmed or killed by another, harmed by or made to suffer from an act, circumstance, agency, or condition and a person who suffers injury, loss, or death as a result of an involuntary undertaking.
4. Offender is one that offends, especially one that breaks a criminal law and causes damage to the victim.
5. Mediation is a process which involves the parties of a dispute, with the assistance of a dispute resolution practitioner, The goal of mediation is for both parties to reach a deeper understanding of the issues in dispute and endeavour to reach an agreement; it helps two disputing parties communicate, identify the disputed issues, develop options, and consider alternatives.
6. Mediator is a person who helps the parties reach a complete understanding of the dispute, including the interests of both parties. The mediator is an impartial, neutral, third party. He or she is not an advocate for either party and helps both parties reach an agreement in which both parties achieve something. The mediator helps both parties become clear about their expectations for an agreement and helps them reach their goals.
7. Dispute is the violation of the criminal law that has caused the damage between victim and offender.
8. Persuasion is the act of persuading, or the state of being persuaded to, a set of ideas or beliefs.
9. Compoundable Offence is an offence that is compoundable by the victim. The police or public Prosecutor has no power to compound an offence without the alledged victim.
10. Style is an approach for The Royal Thai Police to manage the victim-offender mediation.
Operational definitions
1. Personal factors are the variables that affect the accomplishment of mediation as follow:
1.1 Inquiry officers are the police who investigate and do a file.
1.1.1 Inquiry officers’attitude on mediation is the degree of the inquiry officers’ opinion toward the victim-offender mediation.
1.1.2 Credibility of mediator is the degree of the disputants’ belief in the
mediators who mediate their dispute.
1.2 Disputant factors are the variables that affect the accomplishment of mediation, as
follows :
1.2.1 Disputants’attitude on mediation is the degree of the disputants’ opinion toward the victim-offender mediation.
1.2.2 Disputants’attitude on mediation place is the degree of the disputants’ opinion toward the mediation place.
1.2.3 Disputants’attitude on mediation time is the degree of the disputants’ opinion toward the duration of mediation time.
1.2.4 Disputants’attitude on mediator is the degree of the disputants’opinion toward the mediator’s styles and his credibility.
2. Dispute factors are the variables that affect the accomplishment of mediation, as follows :
2.1 The degree of damage is the result of damage that the offender has inflicted on the
victim. 2.2 The degree of compensation is the payment that victim wants from the offender to compensate for the damage. 2.3 The mediation agreement is a document signed by both sides as an evidence in an event of successful mediation.
3.The mediation approaches are the variables that affect the accomplishment of mediation, in the following ways :
3.1 Power-based approaches is a mediation style that use the influence to another person or a situation such as using physical power of body conversely, paying money to buy anything what you need. The power resources could trump the others, as networking and influence are very powerful resources. The power approach to conflict resolution is used widely ,the example are war, violence and revenge of the use of power may be highly detrimental to relationships.
3.2 Interest-based approach is a mediation style that use attention to basic human needs as identified by Maslow in this famous hierarchy of human needs, interest-based conflict management can be viewed as any process that places and underlying needs of the parties in a primary role in the framing of the resolution process and permits feelings concerns, and needs to gain a foothold in the negotiations. The interest of the parties may include issues of power or rights, but also include the less tangible issues of respect, esteem, and feeling.
4. The external factor is as follow:
- Respectable person is someone whom the disputants respect and consider able to help the mediator resolve the dispute.
5.The degree of accomplishment of victim-offender mediation is the act of accomplishing or the state of being accomplished; completion. Something completed successfully; an achievement. An acquired skill or expertise: a singer known for his accomplishment in vocal technique. Social poise and grace.
The participate benefits
1. Effective mediation approaches.
2. Higher public confidence and satisfaction.
3. Higher quality of accessible information.
4. Prototype for Royal Thai Police to practice.


Chapter 2
Literature review
Introduction
As the purpose of this study is to explore the influence of victim and offender roles on accomplishment and communication styles in Thai police station. Particularly, the study aims to construct the communication styles among mediation in Thai police station when involve with mediation parties.
Conflict
Definition of Conflict
Component of Conflict
Conflict Management Process
Conflict Management and Communication
Conflict Management Styles
Cognitive Theoretical Framework
Conflict Management Styles
Two Styles
Three Styles
Four Styles
Five Styles
Eight Styles
Mediation
Definition of Mediation
Mediaiton and Conflict
Mediaiton Styles
Negotiation
Definition of Negotiation

Face Negotiation Theory, Conflict communication styles in black and white.(Ting-Toomey Stella, 1992)
Facework
- Face : A person’s image in an interactional situation
- Facework : Management of face concerns & face needs in interaction.
Two-Dimensional Grid of Facework




Attitude
Persuasion
Participatory
Source of power and authority
The arbitrator’s power comes from the parties through a number of different sources (Cato, 1999: 6)
Disputants analysis
The goal of Mediation is a voluntary, negotiated settlement, based (so far as is possible) on the parties’ needs, wants and concerns(their interests) and on an examinationof their alternatives to a negotiated settlement.
Mediation approaches/models Styles
1. Settlement
2. Facilitate
3. Therapeutic
4. Evaluation
Hypotheses and Research Questions
A person shall be criminally punished only when the act done by him is provided to be an offence and the punishment is defined by the law in force at the time of the doing of such act, and the punishment to be inflicted upon the offender shall be that provided by the law.The punishments under the Crimial Code are execution, imprisonment, detention, fine and confiscation of property.
Right-based approach is that derived from the science of rights,the rights of individuals in the Constitutionare upheld as keys to fair and just resolution to conflict, modified by law makers, and interpreted by judge. This legal system offers a highly ritualized process for resolving issues that have legal merit. This process make justice for everyone following the legal system promises disputants a structured means of resolving their disputes (Urey, 2001)
Thomas D. Clark (1993) said the way to have the communication power is to have the communication strategy, know the objective, know who arethe audiences, how long to communication
Bill Scott(1986) said the communication skill are speaking, listening, writing, reading, conference, interviewing and have to prepare and make sure what the communication point is. Furthermore, the sender should prepare to answer the criticize from the others.
Judicial Council of Virginia (2001) stated three criteria in assesing whether to take a case 1.Mediation is appropriate for all of the party.
2. Each party is able to participate effectively within the context of the mediation process.
3. Each party is willing to enter and participate in the process in good faith.
The mediator must detect the relationship between the parties and the threats of violence to use the suitable mediation approach. For example, if there has been abuse, violence, or a threat of abuse or violence, specialized training is essential before a mediators attempts the case. Girdner (1990) said a primary concern is ensuring that the victim is not re-victimized during the mediation. Victim-offender mediation is a highly specialized form of mediation requiring extensive training far beyond a basic mediation course.The mediators should understand the case and the relationship between the parties. Umbreit, Coates, & Roberts (2000) said victim-offender mediation is about restitution to the victim and society.
Douglas J. Amy (1983) studied The Politics of Environmental Mediation and find out environmental mediation is a process in which representatives of environmental groups, business groups and government agencies sit down together with a neutral mediation to negotiation a binding resolution to a particular environment dispute.
The mediators should let the disputants exhibit self-determination. The Oregon Mediation Association’s Standards of Practice (2001) stated how mediators define self-determination, each participant should be able to fully comprehend the process, and options for settlementto make decisions, and should not be acting under fear, coercion, or duress. If the mediator believes that aparticipant is unable or unwilling to participate effectively in the mediation process, the mediator must suspend or terminate the mediation.
Joseph P.Folger and Tricia S. Jones (1994 : 225) The mediators are neutral parties in the mediation process. They exert influence but are not influenced by the unfolding process. The mediators attempt to manage disputants’ conflict , They also enter the disputants’ conflicts. Mediators become parties involved with the conflict, abeit with their own outlooks and from their unique stance as convener,interpreter and overseer of the process. In short, mediators inevitably play an influential role in the way conflicts unfold during intervention. Mediator influence is inevitable because of what we know about the fundamental nature of any human interaction : We conanot be part of an interaction without continuously shaping moving,and directing it. The mediators influence interaction in a variety of ways the mediators’ orietations as follows :their explicit or implicit views of conflict, justice and morality,their views of which narratives are credible ,their selection the language to influence perceptions of mediator credibility and orientation all contribute to the way a conflict ,within mediation , ultimately unfolds.
“Communication is like a phone number. If you leave one number out, (only ten percent of the number), the call will not go through. If you dial the area code at the end as an after- thought, the call does not get through.You need all the digits to get through, and you need them in the right order.” (Rick Brinkman and Rick Kirschner, 2003)
James R. Klein (2005 : 347) said Foundation’s programs in conflict resolution have focused on ways to assist the building or the strengthening of mechanisms for dealing with disputes, particularly since the formal court structures were often too weak , corrupt , or expensive for the population to access in resolvitn their grievances, The institutionalization of alternative dispute resolution mechanisms, the widespread acceptance and use of mediation techniques in resolving disputes and would prefer to seek the assistance of a third party rather than discussing a problem. James find out a significant majority(83.6%) of respondents in the southern survey believe that one cause of the problem has been the failure of the government to understand the local people.
Moor, Christopher W. (1996) said the negotiation , the role of mediatios can help the diaputants to make the resolution.
Chintana Daengdej, (2001:20) Interpersonal communication has been viewed as “traditional human communication,” with a speaker saying something to a listener(Gumpert & Cathcart, 1982, p.19). The fundamental requirements of interpersonal communication, according to Gumpert and Catcart are : ()
A language,a set of meanings, a process of encoding and decoding signals , a means of transmitting and receiving symbols , a channel or medium to carry the signal from one individual to another , an understanding of the rules or grammar entailed, awareness of the social norms and psychological states involved in such an act, and an implicit agreement about behaviors appropriate to the communication act,
Mark S. Umbreit and Robert B. Coates (1993). Studied cross-site analysis of victim- offender mediation in four states by interviewed 1,153 victims and offenders included pre-and postmediation interviews and the use of two comparison groups. Cout officials were interviewed and 28 observations of mediations were conducted.The vast majorityof victims and offenders experienced the mediation process and outcome as fair and were quite satisfied with it. Mediation resulted in significantly greater satisfaction and perceptions of fairness for victims, as well as significantly higher restitution completion by offenders, than found in comparison groups. Some implications for juvenile justice policy are offered.
Zehr(1990) cited in Mark S. Umbreit(1996) said the Mediation of criminal conflicts is one of the most powerful expressions of restorative justice which emphasizes that crime is relational – not just against the state, that the role of victims in the justice process should be elevated, and that the focus of justice should be upon restoring emotionsl and material losses left in the wake of crime and building safer communities through active citizen participation http://rjp.umn.edu/img/assets/13522/mediation_criminal_conflict_english.pdf. at June1,2008)
Guzley M. Ruth. (1992). studies “Organizational Climate and Communication Climate. From the studies it was found that employees of a large service organization based in the Southwest were surveyed to determine if individual levels of organizational commitment were related positively to perceptions of organizational climate and of communication climate. The results of the study suggest that employees' perceptions of organizational climate and communication climate were correlated positively with the level of employees' organizational commitment. Specifically, multiple regression analysis indicated that organizational clarity, participation, and superior-subordinate communication accounted for 41% of the variance in organizational commitment, with participation and organizational clarity emerging as significant predictors of commitment. Tenure was included in the study as a moderating variable, using Buchanan's conceptualization of tenure stages: Stage 1 representing the first year of employment, Stage 2 representing Years 2 through 4, and Stage 3 representing Year 5 and beyond. Results varied by tenure stage.
Nopachart Dharmasakti (2006) studied “Role of The Judge and problems in Court Annexed Conciliation” from the study it was found The Quantity of civil case has a trend of going up to the proceeding at the court stage rising every year to the growth of the population and economic and social growth, while the court has limitations in personnel and budget, which give rise to delay in the trial of cases. Major reasons accounting for delay other than the personnel and budgetary limitations also lie in the portion of the civil procedure law having complicatedness, in which there have been over the part period attempts to solve the arising problems through the revision of various parts of the civil procedure law, the introduction of facilitate management systems and the introduction of alternative dispute resolution approaches into application. These various approaches have also been introduced into use in foreign countries faced with the problem of a large quantity of cases and the delay of case trials, e.g. The United States of America, English, Japan, etc. Conflict management of enduring rivalries: The frequency, timing, and short-term impact of mediation.
Russell Korobkin(2004) studied Theory and Practice found out the cause of negotiation failure in litigation.There have two methodological perspectives. The first perspectives is based on social science research. Scholarship in economics and its offshoot, game theory, uses rationalist behavioral assumptions to construct models of negotiation behavior. Scholarship in phychology and related discipline(including experimental economics) relies on experimental research that empirically investigates behavior in controlled, laboratory settings, Social science research in both of these scholarly traditions has the advantage of isolating individual variables and studying how each can affect settlement negotiation. The disadvantage of these approaches is that they always raise the question of external validity that is , economics models are only as valid as the behavioral assumptions embedded without them, and behavior empirically documented in a particular laboratory setting may or may not occur in the highly contextual, real world circumdtance of interest to lawyers and other dispute resolution practitioners. A second, more practice-oriented body of literature relies on actual experience in settlement negotiation and mediation on the part of lawyers and mediatior in settlement and mediation on the part of lawyers and mediatiors. The advantageof this perspective is that it draws insights from real-life experience of the type in which lawyers and mediators are actually interested, rather than abstractions created in laboratories. The disadvantage is that the unscientific nature of what are usually anecdotal accounts can suffer from reliability or representativeness problems.
Singer (2001:22) describes the skills necessary for competent mediation as a blend of theory and practice. Among the general attributes mentioned by Singer are the abilities to: Analyze situations and alternatives, Ues persuasion, Listen actively, Gather information through open-ended questions, Provide effective feedback, Emphasize without a patronizing tone, Create multiple option, Master multiple strategies and techniques.
Picard (1998:115) emphasized mediators need skills and knowledge. The knowledge base of general mediators should include: Whatcan and cannot be mediated., How to obtain a commitment to mediate., The difference between issues and interests., The mediator’personal limitations., The moral and legal issues in mediation., The difference between mediation and other ADR processes., Appropriate ground rules., Knowledge of the topic of a case., When and how to involve other available referral sources. Picard noted the Skill competencies: listening, responding sensitively and accurately to feelings, identifying issues, describing behavior nonjudgmentally, effectively using questions, formatting the parties’ agreements, managing the mediation process, and managing power imbalances.
Jost and Kruglanski (2002) observed in their attempt to reconcile constructivism with experimental social psychology.

Chapter 3
Research Methodology
The methodologies which I employ in this research project include the use of observation and survey to investigate the current mediation-related problems in Thai police station. The responses observed during the mediation will eventually lead to a resolution, as well as suggest the factors that affect the mediation’s accomplishment.
The observation is an essential stage of the methodology to collect information necessary to determine the direction of mediation styles.
Survey is among the most popular and commonly used methods to collect data, through interview and questionare. Interview and questionnaire techniques are used to explore issues that cannot be seen and heard. The use of both methods allows me to provide the data the research required. The survey use a quantitative method in the form of a questionnaire whereas in-depth interviews are used as a qualitative method. This part discusses information about the methodology employed.
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Appendix A
The Rank of Royal Thai Police
Police General / Pol.Gen.Police Lieutenant General / Pol.Lt.Gen.Police Major General / Pol.Maj.Gen.Police Colonel / Pol.Col.Police Lieutenant Colonel / Pol.Lt.Col.Police Major / Pol.Maj.Police Captain / Pol.Capt.Police Lieutenant / Pol.Lt.Police Sub-Lieutenant / Pol.Sub.LtPolice SergentPolice Constable
Researcher : Pol.Lt.Col. Komkrich Silathong
Address : 46/117 Moo 13 Laddarom Village, Soi Petkasem 69, Nongkham District, Bangkok, Thailand. 10160
Mobile Phone : (668) 9990-0199
Home Phone/ Fax : (662) 445-7010
Work Place : Research and Development Division, Royal Thai Police
e-mail : komkrit107@hotmail.com