Social transformations in contemporary society

LTReikšminiai žodžiai: Tarpininkavimo susitarimai dėl verslo ginčų; Tarpininkavimo sąlygos; Verslo sutartys; Verslo ginčai; Business dispute mediation agreements; Mediation clause; Business contracts; Business disputes.

ENPurpose – to analyze agreements to mediate existing and future business disputes, their legal regulation, validity, forms, and objectives Methodology – in this research paper, theoretical and empirical methods (the linguistic method, the document analysis method, and the systematic analysis method) are applied Findings – business dispute mediation agreements are like other agreements, but with a specific subject matter (i.e., the parties involved in a business dispute mutually agree on a dispute resolution procedure rather than on the substantive issues of law). There are two types of mediation agreements: those which are concluded before the dispute arises and those which are concluded after the dispute between the parties has arisen. A mediation clause is a separate provision which is included in the main business contract. By including a mediation clause, both parties express their will to settle their future disputes which arise out of or in connection with the present business contract through mediation. A concluded mediation agreement does not prevent parties from initiating judicial proceedings or arbitration Research limitations – the author of this research paper analyzes business dispute mediation agreements and their legal regulations. She limited her research to the legal provisions which regulate mediation agreement in Lithuania as well as the legal provisions of other civil law countries (e.g., Estonia, Latvia and Poland). The author also analyzes the legal practices of agreements to mediate business disputes in the United States and in the English Courts.Practical implications – this article can be useful for those studying Lithuanian mediation doctrine because there is currently a lack of legal literature on the subject. The findings can be applied in practice by the parties involved in a business dispute, by the contracting business parties if a dispute does not exist, as well as by mediation providers Originality – this is the first time that an in depth study of business dispute meditation agreements was carried out in Lithuania. [From the publication]