ECOVIS Miškinis, Kvainauskas ir partneriai advokatų kontora
Any civil dispute arising between parties can be resolved not only in the court. One of the ways to settle disputes is through the mediation process. Mediation is divided into court- and out-of-court mediation. The out-of-court mediation process in Lithuania is regulated by the Law of Conciliatory Mediation in Civil Disputes. Out-of-court mediation in this law is called “conciliatory mediation.” Conciliatory mediation in civil disputes means a procedure of resolution of civil disputes in which one or several mediators assist parties to a civil dispute in reaching a conciliation agreement. The mediator is a third impartial natural person who assists in resolving a civil dispute between other persons with a view to reaching a conciliation agreement.
Conciliatory mediation shall apply on the basis of the written consent of the parties to the dispute. The parties to the dispute may agree on conciliatory mediation either after the dispute arises, or prior to it. If parties to a dispute agree to resolve the dispute by way of conciliatory mediation, they shall attempt to resolve the dispute by this procedure before they refer to a court or arbitration. If a conciliatory mediation agreement sets time limits for termination of conciliatory mediation, the party to the dispute shall refer to a court or arbitration only after the time limits expire.
If no time limit for termination of conciliatory mediation has been set in the conciliatory mediation agreement, the party to the dispute shall refer to a court or arbitration one month after proposing to the other party in the dispute, in writing, to resolve the dispute by way of conciliatory mediation. A court hearing a civil case may suggest to parties to a dispute that they attempt resolving the dispute by way of conciliatory mediation. If the parties to the dispute accept the court’s suggestion, the court shall adjourn the case.
A mediator shall be nominated by agreement between the parties to a dispute and with the consent of the mediator. The mediator’s nomination and consent shall be executed in writing. The number of mediators is set by agreement between the parties to the dispute.
(continued in next issue)