REPUBLIC OF LITHUANIA
LAW ON MEDIATION
15 July 2008 No X-1702
Vilnius
(As last amended on 29 April 2021 – No XIV-269)
CHAPTER I
GENERAL PROVISIONS
Article 1. Purpose of the Law
1. This Law shall establish the basic conditions of mediation in civil and administrative disputes, functions of institutions in the field of mediation, requirements for persons seeking to provide mediation services, the procedure for conducting mediation, specificities of mandatory mediation and judicial mediation, and disciplinary liability of mediators.
2. This Law shall apply to out-of-court and judicial mediation in civil and administrative disputes, except for the disputes arising from the rights and obligations the settlement agreements concluded whereon would be considered void by law. This Law shall not apply to judicial conciliation conducted by the judge hearing the case.
3. The types of mediation shall be out-of-court mediation and judicial mediation. The provisions of this Law governing mediation shall apply to both out-of-court and judicial mediation, unless this Law provides otherwise. The provisions of this Law governing the activities of mediators shall also apply to mediators who are judges, unless this Law provides otherwise.
4. This Law shall apply to the settlement of national civil and administrative disputes and cross-border civil disputes by mediation.
6. Other legal acts governing the settlement of civil and administrative disputes may establish specificities of mediation in individual categories of disputes.
Article 2. Definitions
1. ‘Party to a civil dispute’ means a person involved in a civil dispute whose rights and obligations are affected by the resolution of the dispute.
2. ‘Civil dispute’ means a dispute that is or may be heard in civil proceedings in a court of general jurisdiction.
3. ‘Administrator of mediation services in civil disputes’ (hereinafter: ‘administrator of mediation services’) means a public or private legal person who recommends or appoints mediators in civil disputes, proposes or establishes rules for mediation in civil disputes, administers the costs of mediation, provides premises on which this procedure is carried out and/or provides other services related to mediation in civil disputes.
4. ‘Mediation’ means a procedure for the settlement of civil or administrative disputes in the course whereof one or several mediators assist the parties to the dispute in their efforts to reach an amicable settlement of the dispute. Mediation, with the exception of judicial mediation carried out by judges and out-of-court mediation carried out by the Administrative Disputes Commission of Lithuania and members of its territorial units, shall be considered a professional activity.
5. ‘Mediator’ means a third impartial natural person meeting the requirements laid down in this Law who is entered on the List of Mediators of the Republic of Lithuania and assists the parties to a civil or administrative dispute in their efforts to reach an amicable settlement of the dispute.
6. ‘Out-of-court mediation’ means a procedure for the settlement of civil or administrative disputes in the course whereof one or several mediators assist the parties to the dispute in their efforts to reach an amicable settlement of the dispute that is not subject to judicial proceedings.
7. ‘Mandatory mediation’ means mediation which must be used in the cases specified by law before applying to court for the settlement of a civil dispute.
8. ‘Cross-border civil dispute’ means a civil dispute in which the state of domicile or habitual residence or registered office of at least one of the parties is in a state other than that of any other party to the dispute on the date on which:
9. ‘Judicial mediation’ means a procedure for the settlement of civil or administrative disputes in the course whereof one or several mediators assist the parties to the dispute in their efforts to reach an amicable settlement of the dispute subject to court proceedings.
10. In line with the provisions of Articles 17 and 18 of this Law, a cross-border civil dispute shall also be a civil dispute in which judicial proceedings or arbitration following mediation between the parties to the civil dispute are initiated in a state other than the state of domicile or habitual residence or registered office of the parties to the dispute on the date referred to in points 1, 2 or 3 of paragraph 8 of this Article.
11. For the purpose of this Law, the term ‘administrative dispute’ means a dispute heard by an administrative court in accordance with the procedure laid down by the Law of the Republic of Lithuania on Administrative Proceedings or a dispute heard by the Administrative Disputes Commission of Lithuania in accordance with the procedure laid down by the Law of the Republic of Lithuania on the Procedure for the Pre-Trial Settlement of Administrative Disputes, whereas the term ‘parties to an administrative dispute’ used in this Law means an applicant (an entity whose complaint (request/application) is filed with an administrative court or the Administrative Disputes Commission of Lithuania) and a defendant (an entity of public administration whose individual administrative acts or actions/omissions or delays in carrying out actions are appealed to the administrative court or the Administrative Disputes Commission of Lithuania).
Article 3. Mediation management entities and their functions in the field of mediation
1. The entities engaged in mediation management shall be:
2. The Ministry of Justice shall:
3. The Judicial Council shall:
2) set the requirements for judges wishing to engage in the activity of mediation, and the procedure for granting judges the status of mediator and withdrawing of the status from them;
3) establish the procedure for drawing up and maintaining a list of judges who have been granted the status of mediator;
4. The State-Guaranteed Legal Aid Service shall:
2) in accordance with the procedure laid down by the Minister of Justice of the Republic of Lithuania, conclude agreements with mediators on the provision of mandatory mediation services and control the implementation of these agreements;
5) without prejudice to the rules pertaining to confidentiality provided for in Article 17 of this Law, collect and summarise, for statistical purposes, information on the duration of mediation, the workload of the mediators entered on the List of Mediators of the Republic of Lithuania, the number of mediations performed, the prices of mediation services, and other information relating to mediation;
5. The Chair of the Administrative Disputes Commission of Lithuania shall:
1) establish the procedure for organising and conducting out-of-court mediation in the Administrative Disputes Commission of Lithuania and its territorial divisions (hereinafter: ‘Disputes Commission’);
6. The implementation of the functions assigned to the Ministry of Justice in the field of mediation shall be ensured by the Mediation Co-ordination Council (hereinafter: ‘Co-ordination Council’). This Co-ordination Council shall be a collegial advisory body functioning on a voluntary basis.
7. The Co-ordination Council shall consist of representatives from the Ministry of Justice, the Ministry of Social Security and Labour of the Republic of Lithuania, the Lithuanian Bar Association, the Chamber of Judicial Officers of Lithuania, the Lithuanian Chamber of Notaries, the Administrative Disputes Commission of Lithuania, the Judicial Council, higher education and research institutions, other institutions and associations representing mediators. The Minister of Justice shall approve the regulations and composition of the Co-ordination Council.
8. The Co-ordination Council shall:
1) submit proposals relating to the improvement of legal regulation and practical application of mediation;
3) submit proposals relating to the need for funds from the funds of the state budget for conducting mediation and to the efficient utilisation thereof;
REQUIREMENTS FOR THE PROVISION OF MEDIATION SERVICES AND REQUIREMENTS FOR PERSONS SEEKING TO PROVIDE MEDIATION SERVICES
Article 4. Requirements for the provision of mediation services
1. Mediation services may be provided only by a mediator entered on the List of Mediators of the Republic of Lithuania, except for the cases specified in paragraph 7 of this Article.
2. The mediator shall be impartial in respect of the parties to a civil or administrative dispute. The mediator may accept a proposal to commence mediation or continue mediation already underway only where he has informed the parties to the dispute of the circumstances known to him which are likely to give rise to doubt as to his impartiality and where the parties to the dispute have agreed that he would conduct mediation.
4. At the request of a party to a civil or administrative dispute, the mediator must provide the parties to a dispute with information on his education and experience.
5. The mediator may not serve as an arbitrator or a judge in a civil dispute wherein he conducted or is conducting mediation, except for the cases where the parties to the civil dispute agree in writing to appoint the mediator as an arbitrator and the mediator does not object thereto and except for the cases specified in the Code of Civil Procedure of the Republic of Lithuania. The mediator may not serve as a judge in an administrative dispute wherein he conducted or is conducting mediation. Moreover, the mediator may not act as a representative of a party to a civil or administrative dispute in a dispute wherein he conducted or is conducting mediation.
6. Mediation services may be provided for remuneration or free of charge. Where mediation services are provided for remuneration, except for the cases where mediation services are paid for from the funds of the state budget, mediation shall commence only after the mediator has agreed in writing with the parties to the dispute on the amount of remuneration and the procedure for payment thereof.
7. Persons who have been granted the right to provide mediation services under the legal acts of a Member State of the European Union or a state of the European Economic Area by the competent authority of that state shall not be restricted from exercising the freedom to provide mediation services on a temporary basis in the Republic of Lithuania. These persons providing mediation services in the Republic of Lithuania on a temporary basis in their capacity as mediators authorised by their state shall not be subject to Articles 6 to 11 of this Law.
8. Before commencing the provision of mediation services in the Republic of Lithuania on a temporary basis, the persons referred to in paragraph 7 of this Article must notify in writing the State-Guaranteed Legal Aid Service of their intention to provide mediation services in the Republic of Lithuania on a temporary basis. When providing mediation services in the Republic of Lithuania on a temporary basis, these persons must inform the parties to the dispute that they provide mediation services on a temporary basis in their capacity as mediators authorised by their state and indicate the requirements of this Law they are not subject to. Upon termination of the temporary provision of mediation services in the Republic of Lithuania, the persons referred to in paragraph 7 of this Article must immediately notify the State-Guaranteed Legal Aid Service in writing that they have terminated the temporary provision of mediation services in the Republic of Lithuania.
Article 5. List of Mediators of the Republic of Lithuania
1. The List of Mediators of the Republic of Lithuania shall established and maintained by the State-Guaranteed Legal Aid Service.
2. The list of judges who have been granted the status of mediator shall be administered by the National Courts Administration in accordance with the procedure established by the Judicial Council. The National Courts Administration shall, in accordance with the procedure established by the Judicial Council, submit to the State-Guaranteed Legal Aid Service the data specified in paragraph 4 of this Article about the mediators who are judges. The National Courts Administration shall provide the State-Guaranteed Legal Aid Service with the data about the judges who have been granted or withdrawn the status of mediator not later than within three working days from the adoption of a respective decision. Mediators who are judges shall be entered on the List of Mediators of the Republic of Lithuania.
3. The mediator shall notify the State-Guaranteed Legal Aid Service of any changes in the data contained in the List of Mediators of the Republic of Lithuania within five working days of the changes in the data. A mediator who is a judge shall, in accordance with the procedure laid down by the Judicial Council, notify the National Courts Administration of any change in his particulars indicated in the List of Mediators of the Republic of Lithuania. The National Courts Administration shall, in accordance with the procedure laid down in paragraph 2 of this Article, notify the State-Guaranteed Legal Aid Service of any changes in the data of the mediators who are judges.
4. The following must be indicated on the List of Mediators of the Republic of Lithuania: mediator’s forename, surname, professional qualifications, correspondence address, telephone number, e-mail address and/or other contact details of the mediator, mediator’s specialisation (specialisations), territory (territories) of activities, and mediator’s curriculum vitae.
5. The List of Mediators of the Republic of Lithuania, as well as information about the persons providing mediation services in the Republic of Lithuania on a temporary basis, specified in Article 4(7) of this Law, shall be drawn up and maintained in accordance with the procedure laid down by the Minister of Justice. With a view to drawing up and maintaining the List of Mediators of the Republic of Lithuania, as well as information about the persons providing mediation services in the Republic of Lithuania on a temporary basis referred to in Article 4(7) of this Law, to selecting and appointing a mediator from the List of Mediators of the Republic of Lithuania in accordance with the procedure laid down by this Law, the State-Guaranteed Legal Aid Service shall have the right to process the data of mediators referred to in paragraph 4 of this Article, the data of the persons providing mediation services on a temporary basis in the Republic of Lithuania referred to in paragraph 6 of this Article, and the data about the public warnings issued in accordance with the procedure laid down in Article 29 of this Law to the mediators and persons providing mediation services on a temporary basis in the Republic of Lithuania in the Republic of Lithuania referred to in Article 4(7) of this Law.
6. For the purpose of providing information to the public, the List of Mediators of the Republic of Lithuania shall be published on the website of the State-Guaranteed Legal Aid Service and the Legal Aid Information System. For the same purposes, the following information about the persons providing mediation services on a temporary basis in the Republic of Lithuania referred to in Article 4(7) of this Law shall also be published on the website of the State-Guaranteed Legal Aid Service and the Legal Aid Information System: the person’s forename, surname, professional qualifications, correspondence address, telephone number, e-mail address and/or other contact details, a Member State of the European Union or another state of the European Economic Area whose competent authority has granted the person the right to provide mediation services. The mediator’s data specified in paragraph 4 of this Article shall be published until the mediator is excluded from the List of Mediators of the Republic of Lithuania in accordance with the procedure laid down in Article 9 of this Law. The information about the persons providing mediation services on a temporary basis in the Republic of Lithuania referred to in Article 4(7) of this Law, shall be published until such persons notify, in accordance with the procedure laid down in Article 4(8) of this Law, the State-Guaranteed Legal Aid Service that they have completed the provision of mediation services on a temporary basis in the Republic of Lithuania.
Article 6. Entering on the List of Mediators of the Republic of Lithuania
1. Persons seeking to be entered on the List of Mediators of the Republic of Lithuania shall meet the following requirements:
2) have completed at least 40 academic hours of training in mediation not earlier than five years before the date of application to be entered on the List of Mediators of the Republic of Lithuania;
2. The requirements set out in points 2 and 3 of paragraph 1 of this Article shall not apply to judges who have three years of judicial experience and have completed initial training of at least 16 academic hours in mediation and to persons holding a doctoral degree in social sciences who, during the last three years prior to applying for their entry on the List of Mediators of the Republic of Lithuania, have completed training in mediation of a total duration of at least 100 academic hours. The requirements set out in points 2 and 3 of paragraph 1 of this Article shall also not apply to persons who have been granted the right to provide mediation services under the legal acts of a Member State of the European Union or a state of the European Economic Area by the competent authority of that state. The requirement set out in point 3 of paragraph 1 of this Article shall not apply to advocates, plaintiffs and notaries who have three years’ professional experience as an advocate, plaintiff or notary respectively.
3. A person seeking to be entered on the List of Mediators of the Republic of Lithuania shall submit the following to the State-Guaranteed Legal Aid Service:
1) an application for entry on the List of Mediators of the Republic of Lithuania indicating his forename, surname, professional qualifications, correspondence address, telephone number, e-mail address and/or other contact details, specialisation (specialisations), and territory (territories) of activities;
2) documents proving that he meets the requirements referred to in points 1, 2 and 3 of paragraph 1 of this Article or documents proving the circumstances referred to in paragraph 2 of this Article;
4. Persons shall be entered on the List of Mediators of the Republic of Lithuania by decision of the State-Guaranteed Legal Aid Service. The State-Guaranteed Legal Aid Service shall take a decision to include a person on the List of Mediators of the Republic of Lithuania and shall enter the person on the List of Mediators of the Republic of Lithuania not later than within 15 working days from the receipt of an application for entry on the List of Mediators of the Republic of Lithuania and other documents meeting the requirements of legal acts and proving that the person meets the requirements laid down in this Article. The State-Guaranteed Legal Aid Service shall take a decision not to enter a person on the List of Mediators of the Republic of Lithuania where the person does not meet the requirements referred to in paragraph 1 of this Article and there are no circumstances referred to in paragraph 2 of this Article. The State-Guaranteed Legal Aid Service shall notify the person in writing of its decision to enter the person on the List of Mediators of the Republic of Lithuania and the person’s entry on the List of Mediators of the Republic of Lithuania or of the decision not to enter the person on the List of Mediators of the Republic of Lithuania not later than within three working days from the adoption of the respective decision. The State-Guaranteed Legal Aid Service shall notify a person of the decisions referred to in this paragraph in the manner in which the person has submitted the application or which person has indicated in the application. The notification of the State-Guaranteed Legal Aid Service referred to in this paragraph shall be sent to the person who has applied directly to the State-Guaranteed Legal Aid Service by post or in any other manner specified in his application or shall be served directly at the State-Guaranteed Legal Aid Service.
5. Decisions of the State-Guaranteed Legal Aid Service on entering persons on the List of Mediators of the Republic of Lithuania may be appealed against in accordance with the procedure laid down by the Law on Administrative Proceedings.
6. The provisions of paragraphs 3 and 4 of this Article shall not apply to judges wishing to engage in the activity of mediation. The Judicial Mediation Commission set up by the Judicial Council shall, in accordance with the procedure laid down by the Judicial Council, grant the status of mediators to or withdraw it from judges meeting the requirements for mediators and wishing to engage in the activity of mediation.
7. The minimum requirements for the training in mediation referred to in point 2 of paragraph 1 of this Article shall be established by the Minister of Justice.
8. Persons may submit applications for their entry on the List of Mediators of the Republic of Lithuania and other documents referred to in paragraph 3 of this Article at a distance, by electronic means through a point of single contact as defined in the Law of the Republic of Lithuania on Services or by directly contacting the State-Guaranteed Legal Aid Service. The State-Guaranteed Legal Aid Service shall notify persons in writing of the received documents not later than within three working days from the receipt thereof.
9. With a view to taking decisions on entering persons on the List of Mediators of the Republic of Lithuania, the State-Guaranteed Legal Aid Service shall have the right to process the data of persons referred to in paragraph 3 of this Article seeking to be entered on the List of Mediators of the Republic of Lithuania.
Article 7. Good repute of a mediator
1. A person may not be considered to be of good repute and may not be entered on the List of Mediators of the Republic of Lithuania where he:
1) has been found guilty of a serious or grave crime, and his prior conviction has not expired yet or has not been expunged;
2) has been found guilty of a corruption crime and his prior conviction has not expired yet or has not been expunged;
3) has been found guilty of a corruption misdemeanour and less than three years have lapsed from the date of entry into force of a judgment of conviction;
4) has been dismissed from the office of a judge, a state official, a civil servant, an advocate, a notary or a judicial officer for professional misconduct or has been found guilty of official misconduct for which the disciplinary penalty of dismissal should be imposed, where less than three years have lapsed after this dismissal or the recognition of commission of official misconduct for which the disciplinary penalty of dismissal should be imposed;
5) has been dismissed from work, from the office or has lost the right to engage in a certain activity for non-compliance with the requirements of good repute set out in laws and for breach of ethics laid down in legal acts, and less than three years have lapsed since the dismissal from work, from the office or loss of the right to engage in a certain activity;
2. Upon receiving the data raising reasonable doubts as to the person’s compliance with the requirements of good repute and in order to ascertain whether the person meets the requirements of good repute, the State-Guaranteed Legal Aid Service shall have the right, upon a reasoned written request, to apply to the Information Technology and Communications Department under the Ministry of the Interior of the Republic of Lithuania, the Civil Service Department, law enforcement, control and other institutions, agencies or undertakings to provide the information held by them about the person. The institutions, agencies and undertakings referred to in this paragraph shall provide the requested information not later than within five working days from the receipt of the request for information.
Article 8. Further professional development of mediators
1. The mediators entered on the List of Mediators of the Republic of Lithuania as well as the mediators whose activities have been temporarily suspended in accordance with the procedure laid down by this Law must engage in continuous professional development.
2. Every five year, mediators must submit the documentary evidence of further professional development to the State-Guaranteed Legal Aid Service.
Article 9. Removal from the List of Mediators of the Republic of Lithuania
1. A mediator shall be removed from the List of Mediators of the Republic of Lithuania by a decision of the State-Guaranteed Legal Aid Service in the following cases:
3) where the mediator fails to comply with the requirement referred to in Article 8(1) of this Law to engage in continuous professional development or fails to submit the documentary evidence of further professional development to the State-Guaranteed Legal Aid Service;
4) where it transpires that the mediator does not meet the requirements referred to in Article 6(1) of this Law or the circumstances referred to in Article 6(2) of this Law (except for the cases when, at the request of the mediator who is an advocate, the decision to recognise the person as an advocate is revoked and when the powers of the mediator who is a notary or a judicial officer expire (he is dismissed from office) upon his application or upon reaching 70 years of age);
5) where the Commission for Mediator Performance Assessment takes a decision to remove the mediator from the List of Mediators of the Republic of Lithuania;
2. A person shall be notified in writing of the decision referred to in paragraph 1 of this Article to remove the mediator from the List of Mediators of the Republic of Lithuania not later than within three working days from the adoption of the decision. Where there are grounds to remove a mediator from the List of Mediators of the Republic of Lithuania in at least one of the cases referred to in points 3, 4 and 6 of paragraph 1 of this Article, the mediator shall be warned in writing thereof and a time limit of ten working days shall be set to address the shortcomings in the mediator’s performance. A mediator who fails to address the indicated shortcomings in his performance within the ten-day period or fails to submit to the State-Guaranteed Legal Aid Service the documents proving that the shortcomings in the mediator’s performance have been addressed shall be removed from the List of Mediators of the Republic of Lithuania.
3. A decision to remove a mediator from the List of Mediators of the Republic of Lithuania on the grounds specified in points 3, 4, 5 and 6 of paragraph 1 of this Article may be appealed against in accordance with the procedure laid down by the Law on Administrative Proceedings.
4. Paragraphs 1, 2 and 3 of this Article shall not apply to mediators who are judges. Their status of a mediator shall be withdrawn by the Judicial Mediation Commission set up by the Judicial Council in the following cases:
3) where a mediator who is a judge is dismissed from office of a judge (except for the cases when the judge is dismissed from office voluntarily, upon the expiry of his term of office or upon reaching the retirement age established by law);
5. A person shall be notified of the decision referred to in paragraph 4 of this Article to withdraw the status of a mediator who is a judge in accordance with the procedure and within the time limits laid down by the Judicial Council. A decision to withdraw the status of a mediator who is a judge on the grounds referred to in points 3, 4 and 5 of paragraph 4 of this Article may be appealed against to the Judicial Council in accordance with the procedure laid down by the Judicial Council.
Article 10. Temporary suspension of mediator’s activities
1. Activities of a mediator shall be temporarily suspended by a decision of the State-Guaranteed Legal Aid Service in the following cases:
1) at the mediator’s request; on this basis the mediator’s activities may be suspended for a period not exceeding five years;
2. Activities of a mediator shall be resumed by a decision of the State-Guaranteed Legal Aid Service in the following cases:
1) at the mediator’s request, where the mediator’s activities have been temporarily suspended in the case specified in point 1 of paragraph 1 of this Article;
3. In the cases referred to in paragraph 1 of this Article, a decision of the State-Guaranteed Legal Aid Service on the temporary suspension of the mediator’s activities shall be taken and a notice of the temporary suspension of the mediator’s activities shall be placed on the List of Mediators of the Republic of Lithuania not later than on the next working day following the receipt of the mediator’s request referred to in point 1 of paragraph 1 of this Article or the receipt of the information referred to in point 2 of paragraph 1 of this Article. In the cases referred to in paragraph 2 of this Article, a decision of the State-Guaranteed Legal Aid Service on the resumption of the mediator’s activities shall be taken and the notice of temporary suspension of the mediator’s activities in the List of Mediators of the Republic of Lithuania shall be removed not later than on the next working day from the receipt of the mediator’s request referred to in point 1 of paragraph 2 of this Article or from the receipt of the information referred to in point 2 of paragraph 2 of this Article.
4. A person shall be notified in writing of the decision referred to in paragraph 1 of this Article on the temporary suspension of the mediator’s activities not later than within three working days from the adoption of the decision.
Article 11. Mediators qualifying examination
2. Where the State-Guaranteed Legal Aid Service receives at least ten applications to take a mediators qualifying examination, it shall, not later than within one month from the receipt of the last of these applications, organise a mediators qualifying examination. Where the number of applications to take a mediators qualifying examination is less than ten, a mediators qualifying examination shall be held at least once every six months.
3. A mediators qualifying examination is designed to check the preparedness of persons seeking to be entered on the List of Mediators of the Republic of Lithuania to provide mediation services, their ability to apply theoretical knowledge and skills in practice, as well as their knowledge of mediators’ professional ethics.
4. A mediators qualifying examination shall be administered by the Commission for the Mediators Qualifying Examination. The regulations and composition of the Commission for the Mediators Qualifying Examination shall be approved by the Minister of Justice. The work of members on the Commission for the Mediators Qualifying Examination shall be remunerated in accordance with the procedure laid down in the Law of the Republic of Lithuania on Remuneration of Employees of State and Municipal Bodies and Members of Commissions.
Article 12. Agreement on mediation in civil disputes
1. Mediation in civil disputes shall be applied by a written agreement between the parties to a civil dispute (hereinafter in this Chapter and Chapters IV, V and VI: the parties to the dispute). The parties to the dispute may agree on mediation either after the dispute has arisen or prior to it. The parties may agree to apply mediation only concerning a civil dispute in respect of which the parties to the dispute are permitted to conclude a settlement agreement.
2. The parties to the dispute which have agreed to settle a civil dispute by way of mediation must attempt to settle the civil dispute by this method before going to court or to arbitration. Where an mediation agreement sets time limits for the termination of mediation, a party to the dispute may go to court or arbitration only after the expiry of these time limits. Where no time limits for the termination of mediation have been set in the mediation agreement, the party to the dispute may go to court or arbitration or 15 days after putting forward a written proposal to the other party to the dispute to settle the dispute by mediation. Where mediation terminates in accordance with Article 19 of this Law, the party to the dispute may go to court notwithstanding the time limits set out in this paragraph.
Article 13. Appointment of mediators
2. When appointing a mediator in the cases specified in this Law, a written consent of the mediator must be obtained.
3. The number of mediators shall be set by agreement between the parties to the dispute. Where there is no agreement between the parties to the dispute, one mediator shall be appointed.
4. The parties to the dispute may agree that a third party or an administrator of mediation services will select or recommend a mediator for them. Where this is provided for in the mediation agreement or where the parties to the dispute disagree on the selection of the mediator, the State-Guaranteed Legal Aid Service shall, at the joint request of the parties to the dispute, nominate mediators selected in accordance with the criteria for the selection of mediators specified in Article 14(5) of this Law.
Article 14. Appointment of mediators, where mediators are selected by the State-Guaranteed Legal Aid Service
1. At the request of the parties to the dispute or when other entities specified in laws apply, the State-Guaranteed Legal Aid Service shall select and appoint a mediator from the List of Mediators of the Republic of Lithuania.
2. When submitting a joint request to the State-Guaranteed Legal Aid Service for the appointment of a mediator, the parties to the dispute may indicate therein their preferred specific mediator from the List of Mediators of the Republic of Lithuania.
3. Where non-parties to the dispute apply for the appointment of a mediator in the cases specified in this Law or other laws, the State-Guaranteed Legal Aid Service shall immediately notify the parties to the dispute of the possibility to indicate their preferred specific mediator from the List of Mediators of the Republic of Lithuania. Where the parties to the dispute request that a specific mediator be appointed, they shall, within three working days from the receipt of the notification of the State-Guaranteed Legal Aid Service referred to in this paragraph, notify the State-Guaranteed Legal Aid Service of the preferred mediator agreed upon by the parties to the dispute.
4. The request of the parties to the dispute for a specific mediator to be appointed shall not be taken into account, where this is not possible on the basis of the criteria specified in paragraph 5 of this Article.
5. When selecting a mediator, the State-Guaranteed Legal Aid Service shall be abide by the principles of objectivity and impartiality and take into account employment, specialisation, potential conflict of interest of mediators and other important circumstances. In selecting a mediator, an even distribution of the workload of the mediators entered on the List of Mediators of the Republic of Lithuania must also be ensured.
Article 15. Conducting of mediation
1. The parties to the dispute and the mediator may agree on the nature and procedure of mediation in the civil dispute by indicating a preferred set of rules or by establishing individual rules for mediation subject to mutual agreement. Information and electronic communications technologies may be employed in the course of mediation of civil disputes.
2. Where the parties to a dispute and the mediator fail to agree on the nature and procedure of mediation in the civil dispute or where an agreement between the parties to the dispute does not provide for specific actions to be taken by a mediator, the mediator shall perform specific actions properly, taking into account the circumstances of the civil dispute, including possible imbalances of power between the parties to the dispute, any wishes of the parties to the dispute and the need for a prompt settlement of the dispute, and acting in compliance with this Law and other legal acts governing mediation.
3. A mediator may hold a meeting with one party to the dispute in the absence of the other party to the dispute. The mediator must notify the other party to the dispute of the meeting without disclosing the content of the meeting.
4. Only the parties to the dispute, their representatives and the mediator may participate in the course of mediation of the civil dispute. At the request or with the consent of the parties to the dispute, other persons may also be present in the course of mediation of the civil dispute. Having established that there are more parties involved in the dispute being settled, the mediator shall suggest to the parties involved in the dispute settlement procedure to agree with the other parties involved in the dispute to settle the dispute through mediation. Other parties to the dispute shall be involved in the resolution of the civil dispute through mediation by mutual agreement of the parties to the dispute taking part in the mediation procedure or by the mediator by common consent of the parties to the dispute taking part in the mediation procedure. Upon establishing that there are children or other persons whose interests must be protected in accordance with the procedure laid down by law when resolving a civil dispute, the mediator may involve children or other persons in the resolution of the civil dispute through mediation.
5. Any party to a dispute may withdraw from mediation without specifying the reasons for the withdrawal. This shall not prevent the parties to the dispute from repeatedly agreeing to settle the dispute through mediation.
6. A mediator must inform the parties to a dispute and terminate mediation where an amicable settlement which may be reached by the parties to the dispute is, in the mediator’s opinion, unattainable or illegal, having regard to the circumstances of the dispute and the competence of the mediator, or where the mediator recognises that further continuation of mediation is unlikely to result in an amicable settlement.
Article 16. Settlement agreement
1. Settlement agreements concluded in the course of mediation shall be subject to the requirements laid down in the Civil Code of the Republic of Lithuania and other laws.
2. A settlement agreement concluded by the parties to the dispute in the course of mediation shall have a statutory effect on the parties to the dispute.
3. Where a civil dispute being settled by mediation is not simultaneously heard in court, a settlement agreement may, at the joint request of the parties to the dispute or at the request of one of the parties to the dispute with the written consent of the other party to the dispute, be submitted to court for approval in accordance with the simplified procedure set forth in Chapter XXXIX of the Code of Civil Procedure of the Republic of Lithuania. The application for approval of the settlement agreement shall be lodged, at the choice of the parties to the dispute, with a district court at the place of domicile or registered office of one of the parties to the dispute. An effective settlement agreement approved by a court ruling shall acquire the effect of a final judgment (res judicata) to the parties to the dispute and its execution may be enforced.
Article 17. Confidentiality
1. Unless otherwise agreed by the parties to the dispute, the parties to the dispute, mediators and administrators of mediation services must keep confidential all information on mediation of the civil dispute and matters related thereto, with the exception of the information required to approve or implement a settlement agreement concluded in the course of mediation and the information, non-disclosure of which would be contrary to the public interest (particularly where it is necessary to safeguard the interests of a child or to prevent a risk of damage to the health or life of a natural person). This provision shall also apply to judicial, arbitration and other civil dispute settlement procedures, either related or not, to the civil dispute which was settled through mediation.
2. A mediator may not disclose any confidential information entrusted to him by one party to the dispute to the other party to the dispute without the consent of the party that has submitted the information.
Article 18. Suspension of prescription periods
2. For the purposes of suspension of prescription periods, the starting date of mediation of the civil dispute shall be the date, on which one party to the dispute, directly or through another person (representative, mediator, administrator of mediation services or another authorised person), sends to the other party a written proposal for the settlement of the dispute by mediation as well as the date on which one party to the dispute or both parties to the dispute apply to the State-Guaranteed Legal Aid Service for mandatory mediation.
Article 19. Termination of mediation of a civil dispute
The date of termination of mediation of a civil dispute shall be:
1) the date of receipt of a written statement of the party to the dispute objecting to the settlement of the civil dispute by mediation. Where the parties to the dispute have not concluded a mediation agreement and one party to the dispute has submitted to the other party to the dispute the proposal referred to in Article 18(2) of this Law, the mediation shall terminate at the earliest of the following times: on the day of receipt, by the party to the dispute which has received the proposal, of a written statement objecting to the settlement of the civil dispute by mediation or 14 working days after the date of dispatch of the proposal, if, within this time limit, the other party to the dispute has not expressed its consent in writing to settle the civil dispute by mediation;
2) the date on which the mediator presents a written notification of termination of mediation to all parties to the dispute;
3) the date on which the party to the dispute submits a written notification of the withdrawal from mediation to the mediator and the other party to the dispute;
4) the date on which all parties to the dispute provide the mediator with a written notification of the termination of mediation;
Article 20. Cases of mandatory mediation
1. Mandatory mediation shall be applied in resolving the following civil disputes:
1) family disputes considered in dispute proceedings in accordance with the procedure laid down by the Code of Civil Procedure, except for the cases where the dispute is sought to be brought to court by a person who has been subject to domestic violence, while the other party to the dispute is a potential perpetrator of violence and a pre-trial investigation related to domestic violence has been initiated, or a case related to domestic violence is heard in court, or a conviction regarding domestic violence has been issued by a court, or the entity authorised to provide specialised comprehensive assistance has issued, in accordance with the procedure laid down by law, a certificate about the provision of comprehensive assistance to a person who has allegedly been subject to domestic violence;
2. In the cases of disputes specified in point 1 of paragraph 1 of this Article, where a person who has been subject to domestic violence seeks to make use of mandatory mediation, this person shall have the right to apply for mandatory mediation in accordance with the procedure laid down by this Law and the parties to the dispute shall have the right to receive mediation services paid for in accordance with the procedure laid down in Article 22 of this Law.
Article 21. Application for mandatory mediation
1. Mandatory mediation shall be initiated by the parties to the dispute by mutual agreement or by one of the parties to the dispute.
2. Where mandatory mediation is initiated by mutual agreement of the parties to the dispute, the parties to the dispute shall submit a joint request to the State-Guaranteed Legal Aid Service for the appointment of a mediator in accordance with the procedure laid down in Article 14 of this Law or submit a joint request for mediation in accordance with the procedure laid down in Article 13 of this Law to a mediator of their choice who is entered on the List of Mediators of the Republic of Lithuania.
3. Where mandatory mediation is initiated by one of the parties to the dispute, this party to the dispute shall submit a request to the State-Guaranteed Legal Aid Service for the appointment of a mediator in accordance with the procedure laid down in Article 14 of this Law or submit a request for mediation in accordance with the procedure laid down in Article 13 of this Law to a mediator of his choice who is entered on the List of Mediators of the Republic of Lithuania. The request of the party to the dispute shall indicate the forename and surname of the other party to the dispute, the subject matter of the dispute, the address of the place of residence or any other place of service of documents; where the other party to the dispute is a legal person, the request shall indicate the name of the legal person and the address of the registered office or any other place of service of documents.
4. Upon receipt of the request of the party to the dispute referred to in paragraph 3 of this Article, the State-Guaranteed Legal Aid Service or the mediator shall, not later than within three working days from the receipt thereof, send the other party to the dispute a notification of the request received, indicating that the consent of the other party to the dispute for mediation must be obtained not later than within 14 working days after the dispatch of the notification.
5. Where no consent of the other party to the dispute for mediation is received within 14 working days from the dispatch of the notification referred to in paragraph 4 of this Article, the other party to the dispute shall be deemed to have refused to use mandatory mediation. In such cases, the party to the dispute which has initiated mandatory mediation shall have the right to apply to court for the settlement of the dispute and it shall be considered that the party to the dispute has complied with the statutory requirement to use mandatory mediation.
Article 22. Payment for mandatory mediation services
1. In the cases where mediators for mandatory mediation are selected and appointed by the State-Guaranteed Legal Aid Service from the List of Mediators of the Republic of Lithuania in accordance with the procedure laid down in Article 14 of this Law, the State-Guaranteed Legal Aid Service shall pay for mediation services from the funds of the state budget. In these cases, only the mediation services provided by one mediator shall be paid from the funds of the state budget. Where the parties to the dispute request that several mediators carry out mandatory mediation, the mediation services provided by other mediators shall be covered with the funds of the parties to the dispute, and the price of mediation services shall be determined by agreement between the parties to the dispute and the mediator.
2. The parties to the dispute shall have the right to select a mediator to carry out mandatory mediation from the List of Mediators of the Republic of Lithuania in accordance with the procedure laid down in Article 13 of this Law. In such cases, mediation services shall be covered with the funds of the parties to the dispute, and the price of mediation services shall be determined by agreement between the parties to the dispute and the mediator.
3. The duration of mandatory mediation services to be paid from the funds of the state budget shall be limited to four hours. Where, after the expiration of this period, no final agreement on amicable settlement of the dispute has yet been reached, the parties to the dispute may continue the mediation voluntarily at the expense of the parties to the dispute. The time the mediator spends on the preparation for mediation, which may last up to one hour, and for the documentation of mediation results, which may last up to one hour, shall also be covered from the funds of the state budget.
Article 23. Conducting of judicial mediation in civil disputes
1. Judicial mediation in civil disputes shall be conducted in accordance with this Law, other laws and the procedure established by the Judicial Council.
2. Judicial mediation in civil disputes shall be carried out by the mediators entered on the List of Mediators of the Republic of Lithuania. Mediators who are judges may engage only in judicial mediation.
3. Part of the claims lodged in the case may also be referred for resolution by judicial mediation in civil disputes.
4. Only the parties to the dispute, their representatives and the mediator may participate in the course of judicial mediation in the civil dispute. At the request or with the consent of the parties to the dispute, other persons may also be present in the course of judicial mediation.
5. Judicial mediation in civil disputes shall take place on court premises or in another place agreed between the mediator and the parties to the dispute. Information and electronic communications technologies may be employed in the course of judicial mediation in civil disputes.
6. Any party to a dispute can withdraw from judicial mediation without specifying the reasons for the withdrawal. This shall not prevent the parties to the dispute from repeatedly agreeing to settle the dispute through judicial mediation in civil disputes.
7. Where judicial mediation services in civil disputes are provided by mediators who are judges, they shall not receive any separate payment for mediation services and the parties to the dispute shall be provided with judicial mediation services in civil disputes at no charge. In the cases where mediators for conducting judicial mediation of civil disputes are selected and appointed by the State-Guaranteed Legal Aid Service from the List of Mediators of the Republic of Lithuania in accordance with the procedure laid down in Article 14 of this Law, the State-Guaranteed Legal Aid Service shall pay for judicial mediation services of civil disputes from the funds of the state budget. In this case, judicial mediation of civil disputes shall be limited to four hours. Where, after the expiration of this period, no final agreement on amicable settlement of the dispute has yet been reached, the parties to the dispute may continue the judicial mediation of the civil dispute voluntarily at the expense of the parties to the dispute. The time the mediator spends on the preparation for judicial mediation of civil disputes, which may last up to one hour, and for the documentation of mediation results, which may last up to one hour, shall also be covered with the funds of the state budget. The rates of remuneration to be paid to mediators for the provided judicial mediation of civil disputes from the state budget funds and the payment procedure shall be established by the Government.
Article 24. Selection and appointment of mediators
Mediators for conducting judicial mediation of civil disputes shall be selected and appointed in accordance with the procedure laid down by the Code of Civil Procedure.
APPOINTMENT OF MEDIATORS IN ADMINISTRATIVE DISPUTES AND CONDUCTING OF MEDIATION IN ADMINISTRATIVE DISPUTES
Article 25. Initiation of mediation of administrative disputes and appointment of mediators
1. Parties to an administrative dispute pending before the Disputes Commission or the Administrative Court may request that the administrative dispute be referred for resolution by either out-of-court mediation or judicial mediation respectively.
2. A member of the Disputes Commission, who is appointed rapporteur in the case, or the Disputes Commission hearing the administrative dispute may propose that the parties to the administrative dispute attempt to settle the dispute by out-of-court mediation.
3. The court hearing an administrative case may offer the parties to the administrative dispute to try to settle the dispute by judicial mediation.
4. Only an administrative dispute in respect whereof the parties to the administrative dispute are permitted by law to conclude a settlement agreement may be referred to out-of-court mediation or judicial mediation.
5. Where, at the request of a member of the Administrative Disputes Commission designated as a rapporteur in the case, the Chairman of the Administrative Disputes Commission of Lithuania, the Disputes Commission or the administrative court respectively, in accordance with the procedure laid down in the Law of the Republic of Lithuania on the Procedure for the Pre-Trial Settlement of Administrative Disputes or the Law on Administrative Proceedings, refer the administrative dispute to mediation and notify the State-Guaranteed Legal Aid Service of the need to select a mediator from the List of Mediators of the Republic of Lithuania, a mediator shall be appointed in accordance with the procedure laid down in Article 14(3), (4), (5), and (6) of this Law.
Article 26. Conducting of judicial mediation in administrative disputes
1. Out-of-court mediation in administrative disputes shall be conducted in accordance with this Law, other laws and the procedure established by the Chairman of the Administrative Disputes Commission of Lithuania.
2. Out-of-court mediation in administrative disputes shall be conducted by one of the members of the Disputes Commission entered on the List of Mediators of the Republic of Lithuania or any other mediator entered on the List. A member of the Disputes Commission may engage only in out-of-court mediation of administrative disputes.
3. Part of the claims lodged in the case may also be referred for resolution by out-of-court mediation of civil disputes.
4. Only the parties to the dispute, their representatives and the mediator may participate in the course of out-of-court mediation of administrative disputes. At the request or with the consent of the parties to the administrative dispute, other persons may also be present in the course of judicial mediation.
5. Out-of-court mediation of administrative disputes shall take place on the premises of the Disputes Commission or in another place agreed between the mediator and the parties to the administrative dispute. Information and electronic communications technologies may be employed in the course of out-of-court mediation of administrative disputes.
6. Any party to an administrative dispute may withdraw from out-of-court mediation without specifying the reasons for the withdrawal. This shall not prevent the parties to the administrative dispute from repeatedly requesting that the administrative dispute be referred to out-of-court mediation of administrative disputes.
7. The mediator may terminate the out-of-court mediation of the administrative dispute mutatis mutandis in accordance with provisions of Article 15(6) of this Law.
8. Settlement agreements concluded in the course of out-of-court mediation of administrative disputes shall be subject to the requirements set out in the Law on the Procedure for the Pre-Trial of Administrative Disputes and other laws.
9. Out-of-court mediation of administrative disputes and information related thereto shall be subject to confidentiality requirements laid down in Article 17 of this Law.
10. Where out-of-court mediation services in administrative disputes are provided by mediators who are members of the Disputes Commission, they shall not receive any separate payment for mediation services and the parties to the administrative dispute shall be provided with out-of-court mediation services in the administrative dispute at no charge. In the cases where mediators for conducting out-of-court mediation in the administrative dispute are selected and appointed by the State-Guaranteed Legal Aid Service from the List of Mediators of the Republic of Lithuania in accordance with the procedure laid down in Article 14(3), (4), (5), and (6) of this Law, the State-Guaranteed Legal Aid Service shall pay for out-of-court mediation services in the administrative dispute from the funds of the state budget. In this case, out-of-court mediation in the administrative dispute shall be limited to four hours. Where, after the expiration of this period, no final agreement on amicable settlement of the dispute has yet been reached, the parties to the administrative dispute may continue the out-of-court mediation voluntarily at the expense of the parties to the administrative dispute. The time the mediator spends on the preparation for out-of-court mediation in the administrative dispute, which may last up to one hour, and for the documentation of mediation results, which may last up to one hour, shall also be covered with the funds of the state budget. The rates of remuneration to be paid to mediators for the provided out-of-court mediation in administrative disputes from the funds of the state budget and the payment procedure shall be established by the Government.
Article 27. Conducting of judicial mediation in administrative disputes
1. Judicial mediation of administrative disputes shall be carried out mutatis mutandis in accordance with Article 15(6), Article 23(1), (2), (3), (4), (5), (7), and (8) of this Law, and the procedure approved by the Judicial Council.
2. Any party to an administrative dispute may withdraw from judicial mediation without specifying the reasons for the withdrawal. This shall not prevent the parties to the administrative dispute from repeatedly requesting that the administrative dispute be referred to judicial mediation in administrative disputes.
3. Settlement agreements concluded in the course of judicial mediation in administrative disputes shall be subject to the requirements set out in the Law on Administrative Proceedings and other laws.
Article 28. Filing of complaints/notifications in respect of mediators’ activities
1. Persons may file a complaint/notification with the Commission for Mediator Performance Assessment in respect of mediators who have violated the requirements of this Law, the European Code of Conduct for Mediators or other legal acts regulating the provision of mediation services.
Article 29. Disciplinary liability of mediators
1. Having established that the mediator has violated the requirements of the legal acts governing the provision of mediation services, the Commission for Mediator Performance Assessment shall have the right to take the following decisions:
2) to issue a public warning to be published in the List of Mediators of the Republic of Lithuania not later than within five working days from the adoption of the decision of the Commission for Mediator Performance Assessment. For the purpose of provision of information to the public, this public warning shall be available on the List of Mediators of the Republic of Lithuania for a period of one year from the publication of the public warning;
2. The decisions of the Commission for Mediator Performance Assessment specified in paragraphs 1 and 5 of this Article may be appealed against in accordance with the procedure laid down by the Law on Administrative Proceedings.
3. The Commission for Mediator Performance Assessment shall notify the State-Guaranteed Legal Aid Service of the decision referred to in point 3 of paragraph 1 of this Article not later than within three working days from the adoption of the decision. Where the decisions referred to in paragraph 1 of this Article are taken in respect of a person who has been granted the right to provide mediation services under the legal acts of a Member State of the European Union or a state of the European Economic Area by the competent authority of that state, the Commission for Mediator Performance Assessment must notify the competent authority of the Member State of the European Union or the state of the European Economic Area which has granted the right to provide mediation services thereof.
4. A person who has been removed from the List of Mediators of the Republic of Lithuania by a decision of the Commission for Mediator Performance Assessment may not be re-entered on the List of Mediators of the Republic of Lithuania for a period of three years from the date of adoption of the decision referred to in point 3 of paragraph 1 of this Article and may not provide mediation services in the Republic of Lithuania on a temporary basis.
5. Having established that a person providing mediation services in the Republic of Lithuania on a temporary basis, specified in Article 4(7) of this Law, has violated the requirements of the legal acts regulating the provision of mediation services applicable to him, the Commission for Mediator Performance Assessment shall have the right to take the following decisions:
2) to issue a public warning to be published on the website of the State-Guaranteed Legal Aid Service and the Legal Aid Information System not later than within five working days from the adoption of a decision by the Commission for Mediator Performance Assessment. For the purpose of provision of information to the public, this public warning shall be published for a period of one year from the publication of the public warning;
6. The Commission for Mediator Performance Assessment must notify the competent authority of a Member State of the European Union or a state of the European Economic Area which has granted the person the right to provide mediation services about the decisions referred to in paragraph 5 of this Article.
Article 30. Compensation for damage caused by a mediator
Mediators shall be held liable for the damage caused to persons in the course of providing mediation services in accordance with the procedure laid down by the Civil Code.
Article 31. Disciplinary liability of mediators who are judges
Mediators who are judges shall not be subject to the provisions of this Chapter relating to disciplinary liability. Mediators who are judges shall render themselves liable to disciplinary action as stipulated in the Law of the Republic of Lithuania on Courts.
Article 32. Scope of the Law
1. This Law shall apply solely to agreements on mediation concluded and mediation procedures commenced after the entry into force of this Law.
2. The provisions of this Law relating to mandatory mediation shall apply only to the disputes in respect whereof it is intended to apply for judicial settlement after the entry into force of these provisions.
I promulgate this Law passed by the Seimas of the Republic of Lithuania.
PRESIDENT OF THE REPUBLIC VALDAS ADAMKUS
Annex to the Republic of Lithuania Law on Mediation