There is no centralised body responsible for mediation in Lithuania. Once Directive 2008/52/EC has been implemented, work will commence in this area.
Court and out-of-court mediation are possible in Lithuania. Out-of-court mediation services are usually provided by lawyers.
Court mediation is a dispute resolution procedure which aims to help parties in civil cases resolve their dispute peacefully through the intercession of one or more mediators (intermediaries).
Court meditation is performed by mediators. These are specially trained judges, judicial assistants or other suitably qualified persons whose names have been included on the List of court mediators. At its meeting on 28 January 2011, the Judicial Council agreed that court mediation in civil proceedings could be applied in all of Lithuania's courts and that this service should be available irrespective of region.
Court mediation is a service provided free of charge, Furthermore, choosing to resolve a civil dispute using court mediation saves a considerable amount of time and effort otherwise wasted in litigation. Money is also saved, as 75 % of court fees are reimbursable when court mediation results in an amicable settlement.
A proposal to refer a civil case for court mediation can be made by the presiding judge. A wish for this to be done can be expressed by any party to the proceedings. When referring a dispute for court mediation, the judge explains the concept of the court mediation process to the parties. The appointment or replacement of a mediator is decided by the President of the court, the Head of the Court's Civil Case Department, or a judge appointed by them. Two mediators can be appointed if necessary. When appointing a mediator, the opinion of the parties in making the request or consenting to refer the dispute for court mediation must be taken into account.
Only parties to the proceedings, third parties and their representatives may participate in court mediation. Other persons whose participation may help resolve the dispute may also add their names to the request or consent of either party. Court mediation proceedings are not recorded.
Court mediation proceedings may be terminated if the parties come to an agreement on the matter in dispute and sign a court settlement, which is then approved by the presiding judge.
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