Taikinamojo tarpininkavimo Lietuvos viešajame sektoriuje būtinybė

Abstract

This article deals with the problems which emerge during the implementation of mediation in the civil matters of Lithuania. The scope of socio-cultural circumstances in Lithuania nowadays indicates the evident need to adopt mediation as one of the most powerful and effective conflict management procedures. Mediation comes from the historically mature tradition of communitarianism and cooperation in society, it is interconnected with the culture of interactions of individuals and organizations, and it depends on the legal, institutional, and educational environment. Thus, applying mediation isn’t a simple adoption of some activity patterns. The nowadays rapidly changing socio-cultural environment must be analyzed accurately in order to achieve the progress of implementation of mediation. A wide range of areas where mediation is in use in many European countries and overseas shows how promising this direction of peacemaking for sočiety consolidation and its functionality is. Lithuanian society definitely requires mediation for strengthening the integrity and the culture of cooperation. The article investigates the positive and negative factors of the legal, institutional and educational environment in Lithuania, which are vital for the implementation of mediation. Some experimental projects have been conducted lately to probe mediation as a way of conciliation in the courts. The code of judicial mediation was approved by the Council of Courts. Hence we may suggest that one kind of mediation—judicial mediation—has moved. It is not the first year in Lithuania that new projects on conflict resolution and mediation have been launched in schools and the community. The interest for conflict resolution, that has up till now manifested rather spontaneously, signalizes the need in society to learn modern ways of solving complex and intricate problems, managing crises, and disputes by using counselling, negotiation and mediation procedures. What is needed is a conflict resolution pedagogy, which could become an integral part of education of all levels and forms. Different and continuous efforts are necessary for the improvement of legal and institutional mechanisms so that the regulation of different types of disputes and crises becomes an inseparable part not only in legal practice, but also in public life, institution and organization management and interaction.