RESEARCH ON ATTITUDE OF LITHUANIAN LAWYERS TO PEACEFUL DISPUTE RESOLUTION AND MEDIATION

Societal Studies Pub Date : 1900-01-01 DOI:10.13165/SMS-16-8-1-3

Natalija Kaminskienė, A. Tvaronavičienė, G. Čiuladienė, Inga Žalėnienė

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引用次数: 1

Abstract

The article analyzes the attitide of Lithuanian lawyers (advocates) towards the peaceful settlement of disputes and mediation, which are embedded in Lithuanian law, are started to be applied in practice in Lithuanian courts (judicial mediation) since year 2005, but hardly find proper place in practice of Lithuanian lawyers. The publication contains brief theoretical analysis on role of a lawyer in mediation (lawyer-mediator, lawyer-neutral adviser and lawyer-party representative), their different functions. Also the necessity of additional education for lawyers in the field of alternative dispute resolution is highlighted. Afterwards the article presents a survey on attitide of Lithuanian advocates towards peaceful settlement of disputes and mediation. This survey was performed in 2015 at the General meeting of Lithuanian advocates. 354 advocates participated in the survey. The conducted survey examines issues of lawyers‘ knowledge about mediation, their use of mediation in practice and reasons for non-use. Based on the survey findings proposals for measures that could encourage the advocates to have more favorable attitude to the peaceful settlement of disputes and mediation, making these advanced processes natural and priority-order way of dispute resolution, were formulated.

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立陶宛律师对和平纠纷解决与调解的态度研究

本文分析了立陶宛律师(倡导者)对和平解决纠纷和调解的态度，这是根植于立陶宛法律的，从2005年开始在立陶宛法院(司法调解)实践中应用，但在立陶宛律师的实践中几乎没有找到适当的位置。该出版物对律师在调解中的角色(律师-调解员、律师-中立顾问和律师-当事人代表)及其不同职能进行了简要的理论分析。此外，还强调了在替代性争端解决领域对律师进行额外教育的必要性。然后，文章对立陶宛主张和平解决争端和调解的态度进行了调查。这项调查是在2015年立陶宛倡导者大会上进行的。354名维权人士参与了调查。进行的调查探讨了律师对调解的知识、他们在实践中使用调解以及不使用调解的原因等问题。根据调查结果，提出了鼓励倡导者对和平解决争端和调解持更有利态度的措施建议，使这些先进的过程变得自然，并以优先顺序的方式解决争端。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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Societal Studies

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