| Abstract [eng] |
The thesis is analyzing an institute of conciliation of parties in civil procedure, its conception, development and relevant issues with regard to legal framework in Lithuania. In the thesis civil procedure is interpreted in a narrow sense, i. e. activities of a court and parties while hearing civil cases and executing court decisions. Therefore, judicial conciliation, its theoretical and practical aspects, possible forms of conciliation, its significance, powers of court in putting efforts to conciliate the parties as well as a result of successful conciliation – conciliation agreement, are examined in accordance with the methods, which are used in social sciences. The research concerns also a mediation as a measure to reach settlement between the parties since this form of conciliation is now being under attempt to be integrated into court procedure and it is regulated at both national and the European Union levels. In the end of the reasearch such main conclusions have been drawn: Conciliation of parties shall be recognized as one of the aims of civil procedure. With reference to the advantages that are obtained by social peace achievement in civil dispute for both parties themselves and the entire society it is necessary to attempt to conciliate the parties during judicial procedure and not only look forward to establishment of substantial truth together with closing a case by adopting a court decision. Court shall remain an active supporter of conciliation during the entire consideration of a case; a duty to undertake measures in order to conciliate the parties does not end with a preparatory court hearing and shall be carried out in upcoming stages of civil procedure. Meanwhile judicial mediation may be applied only as a subsidiary measure in pursue of achieving an agreement in civil case if the parties choose so. The thesis is analyzing an institute of conciliation of parties in civil procedure, its conception, development and relevant issues with regard to legal framework in Lithuania. In the thesis civil procedure is interpreted in a narrow sense, i. e. activities of a court and parties while hearing civil cases and executing court decisions. Therefore, judicial conciliation, its theoretical and practical aspects, possible forms of conciliation, its significance, powers of court in putting efforts to conciliate the parties as well as a result of successful conciliation – conciliation agreement, are examined in accordance with the methods, which are used in social sciences. The research concerns also a mediation as a measure to reach settlement between the parties since this form of conciliation is now being under attempt to be integrated into court procedure and it is regulated at both national and the European Union levels. In the end of the reasearch such main conclusions have been drawn: Conciliation of parties shall be recognized as one of the aims of civil procedure. With reference to the advantages that are obtained by social peace achievement in civil dispute for both parties themselves and the entire society it is necessary to attempt to conciliate the parties during judicial procedure and not only look forward to establishment of substantial truth together with closing a case by adopting a court decision. Court shall remain an active supporter of conciliation during the entire consideration of a case; a duty to undertake measures in order to conciliate the parties does not end with a preparatory court hearing and shall be carried out in upcoming stages of civil procedure. Meanwhile judicial mediation may be applied only as a subsidiary measure in pursue of achieving an agreement in civil case if the parties choose so. |
