Application of judicial mediation in civil law: theory and practice

ENThe relevance of this study. Judicial mediation is a method of organized dispute resolution procedures in civil and administrative cases, to reach a peaceful solution with the agreement of both parties to the dispute. The legalization of judicial mediation provides additional opportunities for the parties to the dispute not only to settle the dispute amicably, but also has more potential benefits for both sides of the dispute, looking for a favorable solution, which can be confirmed by a mutual settlement agreement. Due to these advantages, the use of this alternative method of dispute resolution is growing both in Lithuania and around the world. The main problems. 1. Does the legal regulation of judicial mediation meet the goals of the mediation institute and the process participants? 2. What are the conditions for applying judicial mediation in court practice? 3. How is the transfer of a legal dispute to judicial mediation, the conciliation of the parties to the dispute by the mediation institute and the approval of the settlement agreement treated in court practice? 4. What is the relationship between judicial mediation and judicial mediation applied in European Union countries? 5. What features of legal regulation of judicial mediation of foreign countries can be integrated in judicial mediation procedures in Lithuania? The following tasks: 1. To analyze the concept of judicial mediation institute. 2. To discuss the conditions of application of judicial mediation and its procedure.3. To compare the regulation of judicial mediation in the countries of the European Union. 4. To analyze the application of judicial mediation in Lithuanian court practice. The aim of this work: to perform a comparative analysis of the regulation of judicial mediation in Lithuania and foreign countries. In order to determine possible changes/improvements in the legal regulation of the implementation of the Lithuanian Institute of Judicial Mediation, based on examples of good practice in foreign countries and the practice of domestic courts. The used methodology: the document analysis method was used to analyze the legal acts of the Republic of Lithuania; the method of systematic analysis was used to combine different opinions of authors, legal acts, court practice; the comparative method was used to compare the regulation of judicial mediation in Lithuania and the countries of the European Union. Keywords: mediation, judicial mediation, judicial mediation model, judicial mediation practice. [From the publication]

• Neteisminė mediacija Lietuvos administraciniame procese: koncepcija ir plėtros kryptys / Aurimas Banys. Jurisprudencija. 2014, Nr. 21 (4), p. 1117-1139.
• Privaloma mediacija: galimybės ir iššūkiai / Natalija Kaminskienė. Jurisprudencija. 2013, Nr. 20 (2), p. 683-705.
• Taikos sutartis kaip teisminės mediacijos administraciniame procese pagrindas / Eimantė Šilvaitė. Lietuvos vyriausiojo administracinio teismo biuletenis. 2019, 35, p. 311-328.
• Teismo mediatorių požiūris į teisminės mediacijos praktiką / Sandra Molė, Jolanta Sondaitė. Socialinis darbas. 2019, t. 17, Nr. 2, p. 191-208.