Rather than going to court, why not try to solve your dispute through mediation? This is an alternative dispute resolution (ADR) measure, whereby a mediator assists those involved in a dispute to reach an agreement. The government and justice practitioners of the Republic of Lithuania are aware of the advantages of mediation.
Who to contact?
There is no centralised or government body in charge of mediation (tarpininkavimas), and Lithuania has no plans to create one.
In which area is recourse to mediation admissible and/or the most common?
Conciliatory mediation (taikinamasis tarpininkavimas) may be used in civil disputes (that is, disputes heard by way of civil procedure by a court of general jurisdiction).
Are there specific rules to follow?
Mediation is regulated by the Law on Conciliatory Mediation in Civil Disputes (Civilinių ginčų taikinamojo tarpininkavimo įstatymas). Within this framework, recourse to mediation is entirely voluntary. There are no specific regulations like codes of conduct for mediators.
Information and training
No national training programme is in place so far. However, training is provided by the training centre of the Ministry of Justice (Teisingumo ministerija) and by private bodies. Private bodies are not regulated.
What is the cost of mediation?
According to Law on Conciliatory Mediation in Civil Disputes, conciliatory mediation can be provided for remuneration or free of charge. Where it is provided for remuneration, the procedure may commence only after a mediator agrees in writing with both parties to the dispute about the amount to be paid and method of payment.
Is it possible to enforce an agreement resulting from mediation?
Directive2008/52/EC allows those involved in a dispute to request that a written agreement arising from mediation be made enforceable. Member States will communicate this to the courts and other authorities competent to receive such requests.
According to the Law on Conciliatory Mediation in Civil Disputes, the competent court is the choice of the parties to the dispute. This may be the district court of the place of residence, or the registered office of one of the parties to the dispute.
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Last update: 18/02/2019