The impact of participation in mediation training on the attitudes of judges toward mediation
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Abstract
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 is 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.
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.
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