RESEARCH ON ATTITUDE OF LITHUANIAN LAWYERS TO PEACEFUL DISPUTE RESOLUTION AND MEDIATION

Natalija Kaminskienė, Agnė Tvaronavičienė, Gražina Čiuladienė, Inga Žalėnienė

Abstract


The article analyzes the attitide of Lithuanian lawyers (advocates) towards the peaceful settlement of disputes and mediation, which are embedded in Lithuanian law, are started to be applied in practice in Lithuanian courts (judicial mediation) since year 2005, but hardly find proper place in practice of Lithuanian lawyers. The publication contains brief theoretical analysis on role of a lawyer in mediation (lawyer-mediator, lawyer-neutral adviser and lawyer-party representative), their different functions. Also the necessity of additional education for lawyers in the field of alternative dispute resolution is highlighted. Afterwards the article presents a survey on attitide of Lithuanian advocates towards peaceful settlement of disputes and mediation. This survey was performed in 2015 at the General meeting of Lithuanian advocates. 354 advocates participated in the survey. The conducted survey examines issues of lawyers‘ knowledge about mediation, their use of mediation in practice and reasons for non-use.
Based on the survey findings proposals for measures that could encourage the advocates to have more favorable attitude to the peaceful settlement of disputes and mediation, making these advanced processes natural and priority-order way of dispute resolution, were formulated.

Keywords


mediation, lawyer, advocate, settlement agreement, peace, dispute

Full Text:

PDF (Lithuanian)


DOI: http://dx.doi.org/10.13165/SMS-16-8-1-3

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"Societal studies" ISSN online 2029-2244 / ISSN print 2029-2236