Mediacijos taikymo galimybės notaro veikloje

Abstract

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.