Abstract:
The study employed research and development method with the following objectives: 1) to analyze conciliator development problems in criminal cases and concepts of conciliator development in model criminal cases using modern science; 2) to investigate Buddhist peaceful means conducive to the development of a conciliator in model criminal cases through Buddhist peaceful means; and 3) to propose a conciliator development model in model criminal cases by Buddhist peaceful means.
From the study, the following results are found:
1) The current conciliator developmental problems in criminal cases are due to the fact that the majority of conciliators are self-employed or retired civil servants who volunteer to work at the court of justice for little pay. Although some people believe in themselves, others have no experience or knowledge of the mediation process, including their own roles and responsibilities. The goal of bringing criminal cases into the mediation process is to gain knowledge of criminal processes and procedures, as well as relevant criminal laws, particularly civil claims in connection with an offence under Section 44/1.
2) The Buddhist peaceful means conducive to the development of a conciliator in model criminal cases through Buddhist peaceful means are based on Tisikkhā (the Threefold Learning) comprising Adhisīla-sikkhā (training in higher morality), Adhicitta-sikkhā (training in higher mentality), and Adhipaññā-sikkhā (training in higher wisdom). The results are shown in the form of Bhāvita (the Four Developments) which consists of 2 outer developments namely Bhāvita-kāya (physical development) and Bhāvita-sīla (moral development); and 2 inner developments namely Bhāvita-citta (mental development) and Bhāvita-paññā (wisdom development). This Buddhist peaceful means helps conciliators in understanding the principles for developing inner and outer qualities in order to have desirable conciliator characteristics including: a) positive attitude, positive personality, polite speech, and honesty; b) appropriate behavior, as well as understanding one's roles and responsibilities; c) having a stable and compassionate mind, as well as controlling one's emotions and the emotions of others; and d) knowledge of issues and wisdom in resolving them, as well as easing both parties' conflicts and achieving reconciliation.
3) A conciliator development model in model criminal cases by Buddhist peaceful means consists of ๖ aspects which are: (1) Characteristics such as a positive attitude, knowledge, skill, mindfulness, and both inner and outer peace; (2) Legal processes and criminal procedures; (3) Mediation processes in criminal cases; (4) Skills in both psychology and communication; (5) Buddhist peaceful tools; 6) The development of inner peace by using activities based on Tisikkhā (the Threefold Learning) which includes a) practice, b) mind development, and c) achievement in the correct manner. All of this will result a conciliator in model criminal cases with the following characteristics: (1) Beautiful personality; (2) Appropriate behavior; (3) Loving-kindness; and (4) Development of Awakening.