Suchergebnisse

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.

The given Master Thesis "Implementation of Mediation in Probation Service" investigates one of the forms of penitential mediation, i.e. the mediation in the probation service. Various aspects related to the implementation of this form of mediation are being analyzed in order to present the recommendations for the improvement of mediation service provided by the probation service and the suggestions disseminated by the institute of mediation, taking into account the results of the research of the advantages and disadvantages of mediation implementation in probation service. In the course of literature analysis and the accomplishment of the empirical research, two defended statements were confirmed in the work: (1) The employment of mediation in criminal proceedings following the adoption of a court judgment is an effective means of restoring social peace between the parties, addressing the issue of dealing with criminal offenses and liability; (2) In order to increase the dissemination of the mediation institute and the quality of services, further development of the service, legal regulation, harmonization of the practice of mediators of the Lithuanian Probation Service and appointment of the person responsible for the training of mediators of the probation service are necessary

The article analyses mediation and its application possibilities in solving business disputes. Nowadays it's no secret that business dispute mediation is a flexible, voluntary and, most importantly, non-judgmental method to resolve business disputes. It is oriented towards amicable dispute resolution, and controlled by the parties to the mediation. This Article provides a comprehensive analysis of several core issues and addresses a particular process, business dispute mediation, where the concept of business disputes is analysed. Due to the specifics of business disputes, the author indicates three possible criteria which formulate the content of a business dispute. These criteria involve the dispute resolution mechanism, the subjective structure of a business dispute and finally, the subject matter of the dispute. In accordance with these criteria, the author of the article also suggests a definition of business disputes. After discussing the theoretical basis for the concept of a business dispute, the author analyses another issue that is of special interest to the current discussion. It involves questions regarding the enforceability of settlement agreements that have resulted from business dispute mediation in which the parties have agreed on the relative merits of the dispute. The author of this article provides that in accordance with Lithuanian legal regulations, settlement agreements may be enforced exceptionally by the parties' good will. The enforceability of settlement agreements is also meaningful at the international level. Scientists and practitioners suggest that voluntary compliance with settlement agreements is insufficient. There is an increasing need for legal mechanisms to facilitate the enforcement of cross border mediation settlement agreements. Whereas no previous business dispute mediation research in national legal literature has been made, a further in-depth analysis of business dispute mediation and its peculiarities is considered to be necessary. It is noticeable that the question of the enforcement of international mediation settlement agreements has been recently posited as an important issue by international organizations. Therefore, the author suggests that the current topic is suitable for a deeper analysis and consideration. The aim of the present article is to analyse business dispute mediation, its processive object, and problematical issues. The research object of the article is mediation in business disputes. Traditional jurisprudence methods, namely the linguistic method, the method of document analysis and the systematic analysis method, were applied in order to achieve the purpose of this research.

The final master's thesis analyses the functioning of mediation institute in the world and Lithuanian prisons, how all parties of mediation – convicts, lower and higher officers, mediators – accept and perceive mediation. The thesis surveys regulation of legal basis that uses practical application of mediation, both in the reality of the prisons in the world and Lithuania. Empiric research – interview with mediators and prison officers and questionnaire – allows to make an immediate impression how mediation, based on one's experience and expectations, is perceived and implemented by the people for whom it is a part of their direct job and communication. The Master's thesis presents the strengths and weakness of development of mediation, the conclusion of the thesis identify the perspective of more frequent and effective use of mediation at the prisons of Lithuania.

The research object of the dissertation is the legal regulation of judicial mediation in civil disputes in Lithuania. The identified object is approached from the perspective of consolidation of the main principals of judicial mediation and the guarantees for their application; the conducted research aims inter alia at identifying whether the legal regulation of judicial mediation in civil disputes is adequate for the peaceful settlement of disputes, inter alia, whether it entrenches the rules that consolidate the universal principles of judicial mediation – rules that are required in order this ADR procedure can be trusted and applied in practice, and whether it creates preconditions for their application. The selected problematic is analysed in the dissertation also from the international perspective, i.e. with respect to the relevant experience of foreign countries and of the European Union. The peculiarities of the model of judicial mediation in civil disputes introduced into the Lithuanian legal system are also identified on the basis of the conducted research.

The research object of the dissertation is the legal regulation of judicial mediation in civil disputes in Lithuania. The identified object is approached from the perspective of consolidation of the main principals of judicial mediation and the guarantees for their application; the conducted research aims inter alia at identifying whether the legal regulation of judicial mediation in civil disputes is adequate for the peaceful settlement of disputes, inter alia, whether it entrenches the rules that consolidate the universal principles of judicial mediation – rules that are required in order this ADR procedure can be trusted and applied in practice, and whether it creates preconditions for their application. The selected problematic is analysed in the dissertation also from the international perspective, i.e. with respect to the relevant experience of foreign countries and of the European Union. The peculiarities of the model of judicial mediation in civil disputes introduced into the Lithuanian legal system are also identified on the basis of the conducted research.

The article analyses mediation and its application possibilities in solving business disputes. Nowadays it's no secret that business dispute mediation is a flexible, voluntary and, most importantly, non-judgmental method to resolve business disputes. It is oriented towards amicable dispute resolution, and controlled by the parties to the mediation. This Article provides a comprehensive analysis of several core issues and addresses a particular process, business dispute mediation, where the concept of business disputes is analysed. Due to the specifics of business disputes, the author indicates three possible criteria which formulate the content of a business dispute. These criteria involve the dispute resolution mechanism, the subjective structure of a business dispute and finally, the subject matter of the dispute. In accordance with these criteria, the author of the article also suggests a definition of business disputes. After discussing the theoretical basis for the concept of a business dispute, the author analyses another issue that is of special interest to the current discussion. It involves questions regarding the enforceability of settlement agreements that have resulted from business dispute mediation in which the parties have agreed on the relative merits of the dispute. The author of this article provides that in accordance with Lithuanian legal regulations, settlement agreements may be enforced exceptionally by the parties' good will. The enforceability of settlement agreements is also meaningful at the international level. Scientists and practitioners suggest that voluntary compliance with settlement agreements is insufficient. There is an increasing need for legal mechanisms to facilitate the enforcement of cross border mediation settlement agreements. Whereas no previous business dispute mediation research in national legal literature has been made, a further in-depth analysis of business dispute mediation and its peculiarities is considered to be necessary. It is noticeable that the question of the enforcement of international mediation settlement agreements has been recently posited as an important issue by international organizations. Therefore, the author suggests that the current topic is suitable for a deeper analysis and consideration. The aim of the present article is to analyse business dispute mediation, its processive object, and problematical issues. The research object of the article is mediation in business disputes. Traditional jurisprudence methods, namely the linguistic method, the method of document analysis and the systematic analysis method, were applied in order to achieve the purpose of this research. ; Straipsnyje analizuojamos mediacijos taikymo galimybės ginčams, kylantiems iš verslo teisės reguliuojamų santykių, spręsti. Pirmiausia nagrinėjama verslo ginčų sąvoka ir jos turinį formuojantys kriterijai. Aptarus verslo ginčų sampratą, kalbama apie mediacijos taikymo tokiuose ginčuose prielaidas. Taip pat straipsnyje nagrinėjami mediacijos ypatumai, reikšmingi sprendžiant verslo ginčus. Tiriami aktualūs mediacijos metu pasiekto susitarimo vykdymo aspektai. Pagaliau, vadovaujantis užsienio autorių atliktais mokslinių tyrimų rezultatais, išskiriamos teorinės ir praktinės mediacijos taikymo verslo ginčuose problemos ir tiriamos galimos jų sprendimo kryptys.

For a long time judicial solution of disputes has been considered as conventional method, but in practice it is not always feasible to apply it. nowadays the most universal and successful of all alternative ways of dispute resolution 15 mediation. Mediation is a private dispute resolution process in which a neutral person helps the parties try to reach a negotiated settlement, legal mediation is a successful method of dispute resolution in many foreign countries. It is currently also being introduced in different fields in Lithuania. After exploring the experience of other countries in the implementation of legal mediation and the difficulties of its implementation, some factors having influence to its successful implantation in a legal system were identified. One of the most important questions is an attitude of the legal community toward mediation. Therefore, it is useful to explore the attitude toward legal mediation of the judges who have already taken part in mediation training programs and those who have not. This study analyzed interview transcripts from a qualitative research. The results of the research showed that the judges of both groups positively appreciate legal mediation: they approve of the necessity and usefulness of this procedure. Those judges who took part in mediation training program stated that the main purpose of mediation was to find mutually acceptable solutions and to achieve mutual understanding of the parties. ; Nagrinėjant kitų šalių patirtį diegiant teisminę mediaciją išryškėjo vienas svarbesnių veiksnių, turinčių įtakos jai sėkmingai prigyti teisinėje visuomenėje. Tai mediaciją vykdančių asmenų ir apskritai teisinės visuomenės požiūris į mediaciją. Šio straipsnio tikslas - išsiaiškinti teisėjų, dalyvavusių ir nedalyvavusių mediacijos apmokymo programose, požiūrio į teisminę mediaciją ir mediacijos paslaugos perspektyvos Lietuvoje ypatumus. Straipsnyje patelkiami atliekant kokybinį aprašomajį tyrimą surinkti duomenys. Atlikto tyrimo rezultatai parodė, kad teisėjai, dalyvavę ir nedalyvavę mediacijos apmokymo programose, teigiamai vertina teisminę mediaciją: pritaria šios procedūros reikalingumui ir naudingumui. Mūsų tyrimo dalyviai, atsižvelgiant į tai, kaip jie apibūdino mediatoriaus vaidmenį, tikslą ir svarbiausius mediacijos rezultatus, labiausiai atitiktų mišrųjį mediavimo stilių, orientuotą ir į sprendimo suradimą, ir į šalių tarpusavio supratimą.

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.

This Master's thesis deals with the issue of perspectives of applying mediation in construction disputes. By applying various methods (literature analysis, empirical research and others) the concept of construction disputes, their causes, the characteristics of the parties to these disputes (entrepreneur, consumer, public administration entity) and the advantages and disadvantages of mediation as a possible solution are clarified. Other possible ways of resolving construction disputes are discussed and compared with mediation. Results of empirical research in Lithuania are analyzed. It is identified that mediation is not a popular construction dispute resolution method in Lithuania and the means by which mediation could be promoted (publicity, contract clause, compulsory enforcement) are being considered. Mediation quality improvement (mediator's competence, mediation style) and its influence on the popularity of mediation as a method of construction disputes are analyzed.

Family disputes are one of the major growth areas for mediation in USA, Canada and many European countries. Mediation is just starting to be used in Lithuania. The first exeprimental court mediation project was ratified in 2005. Mediation is going to be tendered in civil cases. Nevertheless family mediaton was not distinguished as a special service. In this articel we made an attempt to analyse experience of foreign countries in the family mediation and to consider psychological aspects of family mediation. Analysis of literature helped to formulate suggestions for family mediation model in Lithuania. It is important to inform those seeking legal aid in family disputes about the availability of family mediation. It is important to include psychologists, social work specialists not only lawyers in preparation of family mediation programs. State service model of family mediation is more suitable for Lithuania. Family mediation is more able to satisfy needs of the clients and their children than traditional court processes. ; Šeimos ginčai yra viena populiariausių mediacijos sričių JAV, Kanadoje ir daugelyje Vakarų Europos šalių. Lietuvoje mediacija žengia pirmuosius žingsnius. Pirmasis bandomasis teismų mediacijos projektas Vilniaus miesto 2 apylinkės teisme civilinėse bylose neišskyrė šeimos mediacijos kaip atskiros paslaugos ir nerengė šeimos mediatorių. Šiame straipsnyje analizuojama užsienio šalių patirtis šeimos mediacijos srityje, aptariami šeimos mediacijos psichologiniai aspektai. Remiantis literatūros apžvalga, suformuluotos rekomendacijos šeimos mediacijos modeliui Lietuvoje parengti. Siekiant Lietuvoje įdiegti ir populiarinti šeimos mediaciją, svarbu, kad apie šeimos mediacijos paslaugas informaciją gautų visi, kas kreipiasi teisinės pagalbos dėl šeiminių ginčų. Rengiant šeimos mediatorių programas ir šeimos mediatorius, Lietuvoje svarbu įtraukti ir psichologus, ir socialinio darbo specialistus, norint, kad šeimos mediacija ir Lietuvoje būtų išpopuliarinta, pirmiausia reikalinga valstybės teikiama paslauga. Šeimos mediacijos procesas padeda geriau negu tradicinės teisines procedūros patenkinti abiejų ginčo šalių ir jų vaikų interesus.

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.

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.