Amendments to the Law on Commercial Arbitrage and the Adoption of the Law on Conciliatory Mediation in Civil Disputes
- Lithuania
- 09/02/2008
- Raidla Lejins & Norcous
On 15 July 2008, the Seimas amended the law on Commercial Arbitrage and adopted the law on Conciliatory Mediation in Civil Disputes. Both legal acts came into force on 31 July 2008. The amendments to the law on Commercial Arbitrage abolishes Chapter IX of the law, as now sides of the conflict, willing to adjust a conflict without the intervene of the court or an arbitrage, may use the procedure of conciliatory mediation in civil disputes. The legal frame of this procedure is created adopting the law on Conciliatory Mediation in Civil Disputes. In order to stimulate the development of mediation and not to damage the effectiveness of mediation procedures, the law is created under the tender method of legal regulation. The procedures of mediation are not regulated in details, though the questions concerning the popularity, quality and effectiveness of mediation are solved in respect with the effective legislation. Moreover, the law defines the terms of mediation, determines the scope and guarantees of confidentiality principle, and establishes mediation as one of the official manners to solve the disputes. Lastly, the law includes the regulation of the most important questions of mediation concerning the placement of arbiters, the qualification of the arbiters and liability. It needs to be mentioned that the legal regulation of mediation is limited by implicating major terms and conditions, established at and admitted by the theory of modern mediation.
