TOPICAL MEDIATION ISSUES IN LITHUANIA

FIRST STEPS TOWARDS MEDIATION

First initiatives to promote mediation came from the growing non-governmental sector.

In 1998 first mediators were trained In 1999 first seminars on mediation

were organized New Code of Civil Procedure in 2003

provided obligatory stage of judicial conciliation in the preliminary hearing of every civil case.

FIRST ATTEMPTS IN COURTS

on 20th of May 2005 the first court-annexed mediation rules were adopted by the Judicial Council

Pilot project started in 2006 in Vilnius City II local Court

Results encouraged the Council of the Judiciary of Lithuania in 2007 to vote unanimously for prolongation of the project and its extension to other courts

LAW ON MEDIATION

Came into force 1st of January 2010 Adopted according to EU Directive

2008/52/EC applied to non-judicial and court-

annexed mediation in civil disputes civil dispute means a dispute that is or

may be heard by way of civil procedure by a court of general jurisdiction.

CODE OF CIVIL PROCEDURE

From the 1st of October 2011 mentions court-annexed mediation

Article 231 (1) of Code says that with the consent of the parties court-annexed mediation can take place in the preliminary stage of the court hearing.

No prohibition on conducting mediation in appeal proceedings

TYPES OF MEDIATION

Out-of-court mediation Court-annexed mediation

AGREEMENT ON MEDIATION

Almost not regulated Only written agreement If parties agree to resolve the dispute by way of

mediation, they must attempt to resolve the dispute by this procedure before they refer to court or arbitration.

If no time limit for termination of mediation has been set in the agreement, the party can refer to court or arbitration one month after proposing to the other party to the dispute in writing to resolve the dispute by way of mediation.

MEDIATORS

There are no requirements for the mediators in out-of-court mediation.

No official Bar or Register of mediators. List of possible mediators for court-

annexed mediation. Mediators in court-annexed mediation

must undergo short training courses in mediation.

MAIN PRINCIPLES FOR ACTIVITIES OF MEDIATORS

Impartiality Confidentiality Mediator must provide parties

information on his education and experience.

Avoid conflict of interests. According CCP Art. 189, mediators

cannot be witnesses.

NOMINATION OF MEDIATORS I

Nominated by agreement between parties with consent of the mediator.

Where there is no agreement between the parties on the number of mediators, one mediator must be nominated.

Parties can agree that a third party or an administrator of mediation services will select or recommend a mediator for them.

Where there is no agreement between the parties regarding the selection of a mediator, the mediator can be nominated by a district court.

NOMINATION OF MEDIATORS II

Opinion of parties is also the most important for court-annexed mediation.

Usually one mediator, in exceptional cases 2 mediators.

Mediator is appointed by the chairman of the court or by the chairman of the department of civil cases or empowered judge.

PROCEDURE OF MEDIATION I

Parties free to choose Flexible In the cases where no agreement between the

parties exists on the nature and procedure of mediation, the mediator must perform specific activities properly, taking into account the circumstances of the dispute, including possible imbalances of power between the parties, any wishes of the parties and the need for a prompt settlement of the dispute, and acting in compliance with legal rules.

PROCEDURE OF MEDIATION II

Free of charge In premises of the court Up to 4 hours only No protocol is recorded Principles of efficiency, fairness, equality

of the parties must be applied. Caucuses can be arranged.

SETTLEMENT AGREEMENT

In out-of-court mediation has statutory effect to the parties.

Can be submitted to court for endorsement in accordance with the summary procedure set forth in Chapter XXXIX of the CCP. In such cases court decision has res judicata.

In court-annexed mediation settlement agreement is approved by the judge, who hears the case.

PROBLEMATIC ASPECTS

No official statistics so far Still a strong need to promote and to advertise mediation in

Lithuania Main obstacles to mediation: litigious culture, lack of finances

devoted to promoting mediation, quite small number of mediation professionals, huge workload in the courts.

Perhaps mediation in family, labour and consumer disputes have the best perspectives.

There are discussions to make obligatory mediation for family disputes.

Courts of arbitration start to promote mediation quite actively. It is necessary to make it possible to have mediation in

administrative or also in some criminal cases.