TEISMINĖS MEDIACIJOS LIETUVOJE RAIDA IR GALIMOS TOBULINIMO KRYPTYS: TEISĖJŲ POŽIŪRIO TYRIMAS

Abstract

Judicial mediation has been used in Lithuania for more than fifteen
years. During this period, the model of the application of this alternative dispute resolution method in Lithuania has experienced constant changes and faced various challenges, from the model of judges to the market model and back. Such transformation
shows the fact that this institute is still developing. This article aims to assess the current
situation of judicial mediation in Lithuania and, based on judges’ attitudes, to identify
possible directions for improving the current model. In order to achieve this goal, the
analysis of the legal structure of the judicial mediation model currently used in Lithuania was undertaken, and statistical data on the practice of applying this court-connected alternative dispute resolution method in courts were discerned. This was followed
by a survey of judges and a focus group discussion, aiming to find out their attitudes
towards the state of the art and further developments of this institute, as judges are
the most frequent initiators of this process and the entities most often providing the
services of mediation. The article succinctly presents the historical development of judicial mediation in Lithuania, defines the existing model of judicial mediation in civil
proceedings and its features, presents the results of an empirical study of the attitudes
of judges to judicial mediation, and provides generalizations. The empirical study was
carried out by combining quantitative (a survey of judges and judge/mediators) and
qualitative (discussions between groups of judges and judge/mediators) research methods. It should be noted that, from the point of view of judges, the institute of judicial
mediation in Lithuania, in order to achieve its sustainability and the successful further practice of application, could be improved by paying greater attention to its further
publicity, improving the working conditions of judicial court mediators and reviewing
the motivational system of court mediator judges. The results of this study create the
prerequisites for further research aimed at improving the legal regulation of judicial
mediation.