| Abstract [eng] |
Considering the need to promote the social peace phenomenon in the litigation orientated society and recognizing the importance of the development of ways of resolving disputes in a consensual manner and taking into account that the successful application of such mechanisms depends on the knowledge of these particular measures, the paper treats procedural possibilities of amicable settlement of disputes, its extent and interface in the Lithuanian private law. The paper provides comprehensive systematic-based analysis of the provisions introducing the conciliatory mediation of civil disputes procedure, specific regulation of the judicial mediation procedure and the legal base of the judicial conciliation in the civil proceedings, inter alia, giving prominence to the conciliating procedure. Also the paper reveals and analyses the scope of activeness of the parties involved in the amicable dispute resolution, i.e. the parties of the dispute, their legal representatives, mediators (including judicial mediators) and judges. Concerning the need of effective and flexible measures of amicable settlement of disputes, the analysis and evaluation of the provisions related to the subject are based on the fundamental principle of social peace priority, whose introduction into the Code of Civil Proceedings should be recommended. |
