| Abstract [eng] |
Judicial Mediation vs. Judicial Conciliation: Lithuanian and Foreign Experience Despite the fact that in the legal system of Lithuania judicial mediation was already established in the last decade, and judicial conciliation, which came into force even earlier, has been started to be actually and actively applied only since 28 February 2002, after the Code of Civil Procedure was adopted, up until now all the procedures of judicial reconciliation mentioned herein have not been fully functioning and effective, which is shown by the statistics of cases analysed during court settlement. Therefore, on the basis of the works of Lithuanian and foreign authors, relevant legislation, draft laws, as well as case-law, this master’s final thesis analyses the institutions of judicial mediation and judicial conciliation, their development, aims and conception, as well as thoroughly studies the legal basis regulating the reconciliation procedures stipulated herein; it also reveals essential similarities and differences between judicial mediation and judicial conciliation in order to comprehensively analyse the institutions observed in the thesis. In the context of the analysed topic of the thesis and taking into account the challenges faced therein, it is important to note that the author of the thesis provides recommendations which would allow making assumptions that could help to develop a system of peaceful dispute settlement, which would be more effective and would satisfy the interests and needs of subjects of legal relations. |
