Could mediation as one of the most important ADR forms exist under today's law in Lithuania? Cover Image

Could mediation as one of the most important ADR forms exist under today's law in Lithuania?
Could mediation as one of the most important ADR forms exist under today's law in Lithuania?

Author(s): Rolandas Taraškevicius
Subject(s): Law, Constitution, Jurisprudence
Published by: Florida Coastal School of Law and Vytautas Magnus University School of Law
Keywords: mediation in Lithuania; Lithuania and International mediation; Implementation of mediation in Lithuania;

Summary/Abstract: Mediation is coming to Lithuania. It is starting to make the first steps here. This process is widely acknowledged as an alternative to the expensive and time consuming litigation and is world wide used for the settlement of various conflicts. At present Lithuania's law does not regulate mediation, nevertheless few provisions concerning mediation could be found in some laws and regulations, especially in its international treaties. The rule "what is not forbidden is allowed" could describe today's mediation situation in Lithuania. The main Lithuanian laws regulating civil relations are used, the Civil Code in particular. Some mediation organizations are already established and starting their activities. Beside the already mentioned absence of relevant law, they face such problems as the society's ignorance of such process or the government's unwillingness to help. Legal indetermination is also a big obstacle to the implementation of mediation here. The state's policy towards ADR processes, including mediation, is the most important factor in helping mediation to set its roots in Lithuania. State should recognize the benefits and importance of mediation and allow its citizens to use this method to resolve various disputes. With help and assistance from the state, mediation should strengthen its position quickly. Similar experience of other countries shows that under favorable circumstances this process becomes more and more popular and widely used. The more people are involved in this process, the bigger and stronger will mediation be.

  • Issue Year: 2002
  • Issue No: 1
  • Page Range: 144-161
  • Page Count: 18
  • Language: English
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