SITUATION OF MEDIATION
IN LITHUANIA
FIRST STEPS TOWARDS MEDIATION
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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
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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
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Came into force 1st of January 2010
Adopted according to EU Directive 2008/52/EC
applied to non-judicial and judicial conciliatory
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
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From the 1st of October 2011 mentions courtannexed 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
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Out-of-court mediation
Court-annexed mediation
AGREEMENT ON MEDIATION
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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
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There are no requirements for the mediators in outof-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
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Impartiality
Confidentiality
Mediator must provide parties information on his
education and experience.
Avoid conflict of interests.
According CCP Art. 189, mediators cannot be
wittnesses.
NOMINATION OF MEDIATORS I
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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
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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
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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
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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 I
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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.
FAILURE OF MEDIATION I
Can be described either as a failure to begin the mediation procedure or
when the parties or the mediator decide that there are no possibilities to
continue mediation.
 Termination of mediation is considered the day on which:
which one party sends to the other party a written statement objecting to
the settlement of the dispute;
- the mediator presents a written notification of termination of mediation to
all parties;
the party presents to the mediator and the other party a written
notification of his withdrawal from mediation;
when all parties send to the mediator a written notification of termination
of mediation.
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FAILURE OF MEDIATION II
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In court-annexed mediation if no agreement is
reached after assigned time for procedure.
If it is ascertained that it was asked for mediation
unfairly or the mediation procedure is undergoing
unfair, request for mediation can be not met or
ongoing procedure can be terminated.
FUTURE PERSPECTIVES
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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 and consumer disputes have the
best perspectives.
It is necessary to make it possible to have mediation in
administrative or also in some criminal cases.