The Master's thesis Application of Mediation in Violent Conflicts investigates the application of mediation of violent conflicts not only in criminal justice, but also in family disputes, where the party to the dispute is often bound or has been bound by violent conflicts in the past. In order to investigate and reveal the obligations and shortcomings of the implementation of mediation when there are manifestations of violent behavior and to make suggestions for the development of this type of conflict mediation in Lithuania, a qualitative study was conducted with experts who have been working with violent conflicts for some time. During the analysis of the scientific literature and the empirical research, the two defensive statements raised in the master's thesis were confirmed: 1.Mediation in violent conflicts is possible, but there are certain risk factors, therefore mediators in such conflicts have to take responsibility, assess not only their personal abilities and available professional knowledge, but also assess potential risk factors and using specific strategies, techniques, to carry out a secure mediation process.2.In order to develop the application of mediation in cases of violent conflicts and to improve the quality of such mediation services, it is necessary to further develop such a service and train specialized mediators.
It is also noticed that some notaries of the EU countries (Germany, Austria, Belgium, Slovenia) perform not only within the limits of main competence to make sure that there are no illegal transactions, but also in additional competence to implement mediation procedure within the limits of legal assistance. Mediation elements within the limits of notary competences are also analysed by revealing the differences between contractual mediation and conflict mediation practiced by a notary. After analysing mediation performed by notaries (both concerted mediation and conflict mediation) within the limits of official notarial practice, the conclusion is made that every notarial action is followed by depolarisation of different positions of the parties. This way notary's actions are a part of mediation procedure in the process of determining the actual will of the parties. In the second part of the article, the possibilities that the notary status provides to the notary aiming to be a mediator are analysed by emphasizing that absolute neutrality and impartiality, independence from other people, responsibility for one's performed actions are the features naturally common to both Latin type notarial practice and mediation.
Mediation is an alternative to traditional legal conflict resolution forms. This alternative dispute resolution process is widely used in USA, Canada and many European countries. Mediation is just starting to be used in Lithuania, so it is important to know variety of different mediation styles. In this article we made an attempt to analyse primary mediation styles that are in popular use today: facilitative, evaluative, transformative, narrative and those mediation styles which are distinquished on a basis of research: pragmatic, socioemotional, mixed and others. Analysis of literature shows that the role of the mediator variates from directive, evaluative, suggesting solutions to helping parties find solutions themselves. The main purpose of the mediation is not always to find mutualy acceptable solutions. The most important purpose might be to achieve mutual understanding of the parties. ; Mediacija yra tradicinių teisinių konflikto sprendimo būdų alternatyva. Ši alternatyvi ginčo sprendimo procedūra plačiai taikoma JAV, Kanadoje ir daugelyje Europos šalių. Lietuvoje mediacija dar tik žengia pirmuosius žingsnius, todėl svarbu ne tik perimti kokį nors vieną mediacijos stilių, bet pažinti kiek įmanoma platesnę mediacijos stilių įvairovę. Šiame straipsnyje analizuojami šiuo metu egzistuojantys populiariausi pagrindiniai mediacijos stiliai ir tie mediacijos stiliai, kurie yra išskirti ty-rimo būdu. Literatūros analizė rodo, kad tarpininko vaidmuo gali varijuoti nuo direktyvaus, vertinančio ir siūlančio sprendimus, iki padedančio rasti sprendimus. Pagrindinis mediacijos tikslas ne visada yra pasiekti abipusiškai priimtiną šalių susitarimą. Svarbesnis tikslas gali būti pasiekti šalių savitarpio supratimą.
Conflicts exist as long as all society, but nobody could devise a perfect mechanism for resolving their disputes. Of all the existing methods of alternative dispute resolution, in this job author will speak only about the one – mediation - an informal method of dispute resolution, in which a neutral third party, the mediator, attempts to assist the parties in finding resolution to their problem through the mediation process. The high cost and long delays is associating with trial of civil matters. That's way human needs the new way, which could help them to resolve conflicts more effectively. More and more we recognize the mediation as a process for saving relationship, finding the main reasons of dispute, also people are treated with respect in this procedure, they can save their dignity. There are some reasons for this point. First, mediation has no goal to find the guilty or innocence. The second, parties are equal and they can decide which settlement is the best in this situation. Third, litigation is always stressful, while mediation has no disconcerting formalism. Premises of mediation have come in Lithuania only with new Civil Code. By applying mediation can be resolved mostly civil matters as divorce, commercial treaties, employment. There is no direct regulation in Lithuanian domestic law, but we can find some regulations in various legal documents and international treaties. Direct procedure of mediation process is also not regulated, but the essential principles should be taken from UNCITRAL regulation and European Mediator's Ethics Code. Particular domestic law regulation would help to reach the purposes of mediation: to resolve conflicts peacefully and to make parties more understanding.
Conflicts exist as long as all society, but nobody could devise a perfect mechanism for resolving their disputes. Of all the existing methods of alternative dispute resolution, in this job author will speak only about the one – mediation - an informal method of dispute resolution, in which a neutral third party, the mediator, attempts to assist the parties in finding resolution to their problem through the mediation process. The high cost and long delays is associating with trial of civil matters. That's way human needs the new way, which could help them to resolve conflicts more effectively. More and more we recognize the mediation as a process for saving relationship, finding the main reasons of dispute, also people are treated with respect in this procedure, they can save their dignity. There are some reasons for this point. First, mediation has no goal to find the guilty or innocence. The second, parties are equal and they can decide which settlement is the best in this situation. Third, litigation is always stressful, while mediation has no disconcerting formalism. Premises of mediation have come in Lithuania only with new Civil Code. By applying mediation can be resolved mostly civil matters as divorce, commercial treaties, employment. There is no direct regulation in Lithuanian domestic law, but we can find some regulations in various legal documents and international treaties. Direct procedure of mediation process is also not regulated, but the essential principles should be taken from UNCITRAL regulation and European Mediator's Ethics Code. Particular domestic law regulation would help to reach the purposes of mediation: to resolve conflicts peacefully and to make parties more understanding.
Conflicts exist as long as all society, but nobody could devise a perfect mechanism for resolving their disputes. Of all the existing methods of alternative dispute resolution, in this job author will speak only about the one – mediation - an informal method of dispute resolution, in which a neutral third party, the mediator, attempts to assist the parties in finding resolution to their problem through the mediation process. The high cost and long delays is associating with trial of civil matters. That's way human needs the new way, which could help them to resolve conflicts more effectively. More and more we recognize the mediation as a process for saving relationship, finding the main reasons of dispute, also people are treated with respect in this procedure, they can save their dignity. There are some reasons for this point. First, mediation has no goal to find the guilty or innocence. The second, parties are equal and they can decide which settlement is the best in this situation. Third, litigation is always stressful, while mediation has no disconcerting formalism. Premises of mediation have come in Lithuania only with new Civil Code. By applying mediation can be resolved mostly civil matters as divorce, commercial treaties, employment. There is no direct regulation in Lithuanian domestic law, but we can find some regulations in various legal documents and international treaties. Direct procedure of mediation process is also not regulated, but the essential principles should be taken from UNCITRAL regulation and European Mediator's Ethics Code. Particular domestic law regulation would help to reach the purposes of mediation: to resolve conflicts peacefully and to make parties more understanding.
In the new Labour Code of the Republic of Lithuania provisions regulating collective labour relations have a significant meaning. Tire collective agreements regarding these regulations have a great importance regulating labour relations and setting the work conditions. However, in the relations of the contractual nature the danger of conflicts arises unavoidably. For this reason the Labour Code regulates the method of solution of the collective labour disputes. Firstly, it strives to find solution of the disagreements between the parties of collective labour relations in the way of the bargaining. According to the Article 70 of the Labour Code mediation is considered as the last stage of bargaining During the process of mediation parties of conflict are trying to find the right decision for both of them. To reach this the third, neutral party - mediator - is providing his help. The mediator not only analyses the conflict situation and takes role in the process of bargaining and discussions between parties of conflict. Above-mentioned specialist provides recommendations for presumptive solutions of the conflict. It shows that the parties of conflict, on the one hand, are free to make a decision, but on the other hand, they have the possibility to profit by the help of mediator. This way of solving collective labour disputes is a new one in the Lithuanian Labour Law. In fact, the Labour Code does provide neither the rules of choosing certain mediator nor the mediation process itself. Such questions are left for parties to decide by the agreement. Of course, it prejudices the possibility to solve the conflict by means of the mediator quickly and smoothly. Besides, we don't have an adequate practice in the Lithuania too. Consequently in future the institute of mediation must be developed and detailed in the rules of law. Tlie special independent mediatory institution must be established. Such an institution cannot just to take mediation sendees, but also to select and analyse information concerned the collective labour disputes, and to execute the preventive activity. In the article later are discussed: the nature of mediation as a process of solution of the collective labour disputes, some practice in the foreign countries. Proposals for the development of the institute of mediation are given as well. ; Naujajame Lietuvos Respublikos Darbo kodekse svarbią vietą užima kolektyvinius darbo santykius reglamentuojančios nuostatos. Vienais iš svarbiausių darbo santykių principų yra laikomi socialinės partnerystės ir kolektyvinių derybų bei kolektyvinių sutarčių laisvės principai. Pagal Darbo kodekso nuostatas itin didelę reikšme reguliuojant darbo santykius ir nustatant darbo sąlygas turi kolektyvinės sutartys. Tačiau savame suprantama, kad ten, kur vyrauja sutartiniai santykiai, neišvengiamai kyla ir nesutarimų, konfliktų pavojus. Todėl Darbo kodekse reglamentuojama tokių nesutarimų sprendimo tvarka. Nustatant nesutarimų tarp kolektyvinių darbo santykių salių sprendimo tvarką taip pat pabrėžiamas kolektyvinių derybų principas. Darbo kodekse nustatyta, kad ne bet koks tarp minėtų subjektų kilęs nesutarimas yra laikomas kolektyviniu darbo ginču. Visų pirma siekiama, kad kilusį nesutarimą šalys bandytų išspręsti tarpusavio derybomis ir tik nepavykus to padaryti inicijuojamas kolektyvinis darbo ginčas, kitaip tariant, kiekvienas tarp kolektyvinių darbo santykių šalių kilęs nesutarimas yra dviejų stadijų: derybų ir ginčo. Pagal Darbo kodekso 70 straipsnio nuostatas tarpininkavimas taip pat yra laikytinas vienu, tiksliau paskutiniu, derybų stadijos etapu. Tarpininkavimo proceso metu nesutarimo šalys stengiasi išspręsti kilus] konfliktą ir priimti kompromisinį sprendimą. Tai padaryti joms padeda trečioji neutrali šalis - tarpininkas. Tai naujas Lietuvos darbo teisės praktikoje nesutarimų tarp kolektyvinių darbo santykių šalių sprendimo būdas, kurio iki Darbo kodekso galioję teisės aktai ne reglamentavo. Darbo kodeksas išsamiai nereglamentuoja nei tarpininkų pasirinkimo taisyklių, nenustato, kas gali būti kviečiami tarpininkais, nereglamentuoja ir tarpininkavimo proceso bei tarpininkų priimtų sprendimų reikšmės. Visa tai paliekama nustatyti pačioms nesutarimo šalims tarpusavio susitarimu. Straipsnyje nagrinėjama tarpininkavimo prigimtis, aptariama kai kurių užsienio valstybių tarpininkavimo praktika bei pateikiami siūlymai dėl tolesnio šio instituto tobulinimo Lietuvoje.
Finding a forthright answer to the question whether a notary can practice mediation is not an easy task. There may be many cases when notariat law standards limit possibilities of a notary as a mediator to achieve agreement between parties. A notary as a mediator would not be able to consult by offering their solution which often happens in contract law. Therefore, this paper aims to find an answer to the question on the role of mediation in the notary practice. In the first part of the Article, in order to find the answer to the question whether a notary is entitled to be a mediator, the legal basis of mediation practiced by a notary is analysed. It should be noted that in most European Union countries national legislators endorsed the possibility to apply mediation procedure in notary profession. Those country members' initiatives were encouraged by the political wishes of the European Union institutions to improve citizens' access to justice and the recommendation of the Council of the Notariats of the European Union to expand the competence of country members to notaries by applying mediation procedure. After assessing legal assumptions of mediation performed by a notary, the conclusion is made in the article that mediation procedure performed by a notary as a legal professional would encourage greater trust in mediation as well as in its use in practice. It is also noticed that some notaries of the EU countries (Germany, Austria, Belgium, Slovenia) perform not only within the limits of main competence to make sure that there are no illegal transactions, but also in additional competence to implement mediation procedure within the limits of legal assistance. Mediation elements within the limits of notary competences are also analysed by revealing the differences between contractual mediation and conflict mediation practiced by a notary. After analysing mediation performed by notaries (both concerted mediation and conflict mediation) within the limits of official notarial practice, the conclusion is made that every notarial action is followed by depolarisation of different positions of the parties. This way notary's actions are a part of mediation procedure in the process of determining the actual will of the parties. In the second part of the article, the possibilities that the notary status provides to the notary aiming to be a mediator are analysed by emphasizing that absolute neutrality and impartiality, independence from other people, responsibility for one's performed actions are the features naturally common to both Latin type notarial practice and mediation. ; Surasti vienareikšmišką atsakymą į klausimą, ar notaras gali vykdyti mediaciją, nėra lengva. Gali būti nemažai atvejų, kai notarų veiklą reglamentuojantys teisės aktai apribos notaro kaip mediatoriaus galimybes siekti ginčo šalių tarpusavio sutarimo. Notaras, kaip mediatorius, negalėtų konsultuoti siūlydamas savo sprendimą, o taip dažnai notarai daro savo veikloje. Šiuo tyrimu siekiama nustatyti mediacijos vietą notaro veikloje: ar notaras turi teisę būti mediatoriumi ir kokias galimybes būti jam mediatoriumi suteikia notaro statusas? Pirmoje straipsnio dalyje ieškant atsakymo į klausimą, ar notaras turi teisę būti mediatoriumi, nagrinėjamos notaro vykdomos mediacijos teisinės prielaidos, taip pat analizuojamos mediacijos taikymo užuomazgos notaro veikloje, notaro vykdoma sutartinė mediacija ir konflikto mediacija. Antroje straipsnio dalyje analizuojama, kokias galimybes notarui būti mediatoriumi suteikia notaro statusas, akcentuojant, kad neutralumas ir nešališkumas, nepriklausomumas nuo kitų asmenų, atsakomybė už savo atliekamus veiksmus, konfidencialumas – tai bruožai, kurie būdingi tiek lotyniškojo tipo notariato1 veiklai, tiek mediacijai.
In many parts of the world, mediation process is used to resolve cases of damage compensation and other non-violent cases. The opposite position is taken in Lithuania: according to Lithuanian Probation service statistic data – 245 cases of domestic violence were referred to mediation in 2018. The study investigates both innovative and relevant topic, as the mediation process between victim and offender is relatively new process in Lithuania. From a practical point of view, the relevance of the topic is that in Lithuania assistance to victim and offender is usually conducted separately, which does not mean that conflicts and problems in the family are resolved. In this case, both parties to the conflict denied the opportunity to analyze their conflict, communicate with each other in a constructive manner and seek out the causes of the conflict or develop positive relationship in the future. Without removing unpleasant emotions, analyzing emerging conflicts and identifying the causes of the conflict, domestic violence can recur. All investigations related to mediation cases of domestic violence in the Lithuanian Probation service were carried out during the implementation of the project (2014-2016), which had initiated the mediation process in Lithuania. There is only a few literature and research specifically on the topic of domestic violence in mediation, and the need for this process is due to the high number of such cases in Probation service. There is a few information sources on the development of professionals and the success of the mediation process. The main questions are: do probation officers refer suitable cases for mediation? Are reached agreements through the mediation of domestic violence cases is in the immediate environment? What are the biggest challenges of mediating domestic violence cases? How mediators could be more effective in the process? The investigation has been initiated with these problematic issues, so the main object is mediation peculiarities of domestic violence between victim and offender in Lithuanian Probation service. The aim of the study is to analyze mediators' experience in mediating issues between victim and offender. Focus group discussion with mediators was implemented. Content analysis of the results revealed that there are different attitudes toward victim – offender mediation between mediators. However, practitioners do believe that the process is useful and important especially for the victim. Assessing the case suitability for mediation mediators rely on their impression of the aggressor, and they apply all the principles of mediation (ex. parties' willingness etc.). According to mediators' opinion the most helpful tactics are such as individual meetings, inviting to the session of those related persons, having the reflection. The result might be useful for teachers and students of conflict management and alternative dispute resolution (mediation, negotiation). Also, for probation service mediators and officers who directly works with victims and offenders, as well as social workers, crisis center workers and for professionals who are working with families. ; Daugelyje pasaulio valstybių mediacija taikoma sprendžiant žalos atlyginimo atvejus bei kitus nesunkius ir be smurto apraiškų atvejus. Lietuvoje laikomasi priešingos pozicijos: remiantis 2018 m. Lietuvos probacijos tarnybos duomenimis, į mediaciją buvo nukreipti 245 smurto artimoje aplinkoje atvejai. Lietuvos probacijos tarnybos pozicija yra grindžiama sėkminga 2014-2016 m. projektine veikla "Mediacijos įgyvendinimas probacijos tarnybose (MIPT)" (Giedrytė-Mačiulienė, Venckevičienė, 2016). Tačiau smurtinių konfliktų mediacija ne projekto kontekste nebuvo tiriama. Ar probacijos tarnybų pareigūnai nukreipia tinkamus mediacijai atvejus? Ar pavyksta pasiekti susitarimų medijuojant artimoje aplinkoje įvykusius smurtinius konfliktus? Kokių iššūkių kyla juos medijuojant? Kokios pagalbos mediatoriams reikėtų siekiant didesnio efektyvumo? Turint omenyje šiuos probleminius klausimus inicijuotas tyrimas, kurio objektas – nusikaltėlio ir aukos mediacijos, vykdomos Lietuvos probacijos tarnyboje, ypatumai. Tyrimo tikslas – atskleisti mediatorių požiūrį į artimoje aplinkoje įvykusių smurtinių konfliktų mediaciją. Tyrimo klausimai: ar mediacija yra efektyvi priemonė sprendžiant smurtinius konfliktus? Kaip nusprendžiama apie smurtinio atvejo tinkamumą mediacijai? Kurios technikos yra pagalbios medijuojant būtent smurtinius konfliktus? Siekiant pažinti Lietuvoje praktikuojančių mediatorių požiūrį atliktas kokybinis tyrimas pasitelkus fokus grupės metodą. Tyrime dalyvavo 7 Lietuvos probacijos tarnyboje dirbantys mediatoriai.
Tax Mediation: Foreign Practice and Evaluation of Application in Lithuania. This Master's thesis delves into the field of tax mediation. Specifically, this piece of research analyses the underlying characteristics of tax mediation and its application in the national legal system of Lithuania. After evaluating the conditions under which of tax mediation could be applied and the most effective legal systems of its application abroad, the thesis analyzes two specific scenarios under which the disagreements of tax-payers could be resolved using tax mediation. The specific cases are: 1) When tax mediation is applicable before the case is in the court; 2) When tax mediation is applicable since the case is already in the court. Taking into account that the proposal of the law allowing the resolution of tax payers conflict with the help of tax mediation in the pre-court scenario has already been widely considered, this piece of work critically assesses the problems that would come along given the proposed law comes into force. Moreover, the thesis evaluates how the proposed law could potentially collide with the Article 71 in the Law of Tax Administration, which regulates the agreements on tax and its specific amount with tax administrators. Finally, this work is concluded by evaluating the potential application of new legislation on administrative cases, which came into force on January 1st, 2020 and which concerns legal mediation of tax mediation disagreements given the case is already in the court.
Tax Mediation: Foreign Practice and Evaluation of Application in Lithuania. This Master's thesis delves into the field of tax mediation. Specifically, this piece of research analyses the underlying characteristics of tax mediation and its application in the national legal system of Lithuania. After evaluating the conditions under which of tax mediation could be applied and the most effective legal systems of its application abroad, the thesis analyzes two specific scenarios under which the disagreements of tax-payers could be resolved using tax mediation. The specific cases are: 1) When tax mediation is applicable before the case is in the court; 2) When tax mediation is applicable since the case is already in the court. Taking into account that the proposal of the law allowing the resolution of tax payers conflict with the help of tax mediation in the pre-court scenario has already been widely considered, this piece of work critically assesses the problems that would come along given the proposed law comes into force. Moreover, the thesis evaluates how the proposed law could potentially collide with the Article 71 in the Law of Tax Administration, which regulates the agreements on tax and its specific amount with tax administrators. Finally, this work is concluded by evaluating the potential application of new legislation on administrative cases, which came into force on January 1st, 2020 and which concerns legal mediation of tax mediation disagreements given the case is already in the court.
Tax Mediation: Foreign Practice and Evaluation of Application in Lithuania. This Master's thesis delves into the field of tax mediation. Specifically, this piece of research analyses the underlying characteristics of tax mediation and its application in the national legal system of Lithuania. After evaluating the conditions under which of tax mediation could be applied and the most effective legal systems of its application abroad, the thesis analyzes two specific scenarios under which the disagreements of tax-payers could be resolved using tax mediation. The specific cases are: 1) When tax mediation is applicable before the case is in the court; 2) When tax mediation is applicable since the case is already in the court. Taking into account that the proposal of the law allowing the resolution of tax payers conflict with the help of tax mediation in the pre-court scenario has already been widely considered, this piece of work critically assesses the problems that would come along given the proposed law comes into force. Moreover, the thesis evaluates how the proposed law could potentially collide with the Article 71 in the Law of Tax Administration, which regulates the agreements on tax and its specific amount with tax administrators. Finally, this work is concluded by evaluating the potential application of new legislation on administrative cases, which came into force on January 1st, 2020 and which concerns legal mediation of tax mediation disagreements given the case is already in the court.
Tax Mediation: Foreign Practice and Evaluation of Application in Lithuania. This Master's thesis delves into the field of tax mediation. Specifically, this piece of research analyses the underlying characteristics of tax mediation and its application in the national legal system of Lithuania. After evaluating the conditions under which of tax mediation could be applied and the most effective legal systems of its application abroad, the thesis analyzes two specific scenarios under which the disagreements of tax-payers could be resolved using tax mediation. The specific cases are: 1) When tax mediation is applicable before the case is in the court; 2) When tax mediation is applicable since the case is already in the court. Taking into account that the proposal of the law allowing the resolution of tax payers conflict with the help of tax mediation in the pre-court scenario has already been widely considered, this piece of work critically assesses the problems that would come along given the proposed law comes into force. Moreover, the thesis evaluates how the proposed law could potentially collide with the Article 71 in the Law of Tax Administration, which regulates the agreements on tax and its specific amount with tax administrators. Finally, this work is concluded by evaluating the potential application of new legislation on administrative cases, which came into force on January 1st, 2020 and which concerns legal mediation of tax mediation disagreements given the case is already in the court.
Content and meaning of mediation as a decisional method of collective labour disputes Living in the modern society, in which market relations predominate, we face different types of conflicts. Conflicts are also characteristic to collective labour relations. These relations are contractual legal labour relations, therefore any dispute arising in the sphere of these relations should be settled by mutual negotiations of the parties. Besides, it is only attempted in Lithuania to legalise one of the most popular peaceful methods for settlement of collective labour disputes – mediation in resolution of collective labour disputes. Through the use of different methods of legal knowledge, the attempt will be made in the theses to reveal the content and meaning of mediation, as the method for settlement of collective labour disputes. To achieve the targeted goal different scientific literature of the Lithuanian and foreign authors will be analysed and compared, as well as the practical regulation of foreign and Lithuanian legal mediation as the method for settlement of collective labour disputes. Thus, the content elements of the examined method will be disclosed and analysed, as well as the features characteristic only for such alternative method of disputes settlement.
Content and meaning of mediation as a decisional method of collective labour disputes Living in the modern society, in which market relations predominate, we face different types of conflicts. Conflicts are also characteristic to collective labour relations. These relations are contractual legal labour relations, therefore any dispute arising in the sphere of these relations should be settled by mutual negotiations of the parties. Besides, it is only attempted in Lithuania to legalise one of the most popular peaceful methods for settlement of collective labour disputes – mediation in resolution of collective labour disputes. Through the use of different methods of legal knowledge, the attempt will be made in the theses to reveal the content and meaning of mediation, as the method for settlement of collective labour disputes. To achieve the targeted goal different scientific literature of the Lithuanian and foreign authors will be analysed and compared, as well as the practical regulation of foreign and Lithuanian legal mediation as the method for settlement of collective labour disputes. Thus, the content elements of the examined method will be disclosed and analysed, as well as the features characteristic only for such alternative method of disputes settlement.
