A. Lukašonokas, G. Šarauskaitė: The possibility of applying mediation has been expanded
Finally, parties to a dispute wishing to use mediation will be able to do so not only in general competence but also in administrative proceedings. From 1 January 2021, administrative disputes may be settled through judicial mediation or out-of-court mediation of administrative disputes. This possibility arose after the amendments to the Law on Mediation of the Republic of Lithuania and the Law on Administrative Proceedings of the Republic of Lithuania entered into force.
- The moment of application. The parties to an administrative dispute will be able to use out-of-court mediation in the Administrative Disputes Commission, and judicial mediation in an administrative case pending before an administrative court.
- (Non) mandatory nature of mediation. Mediation in administrative disputes is not mandatory. An attempt to resolve the dispute through out-of-court mediation can also be proposed by a member of the Administrative Disputes Commission appointed as rapporteur in the case, or by the dispute commission examining the administrative dispute, judicial mediation – by the court hearing the administrative case.
- Mediators. Out-of-court mediation can be performed by a member of the Administrative Disputes Commission who is a mediator or another mediator entered in the list of mediators of the Republic of Lithuania. With the consent of the parties to the dispute, judicial mediation can be conducted by a judge hearing the case and qualified as a mediator. Another judge who has the qualification of a mediator or any other mediator selected from the list of mediators of the Republic of Lithuania can also be appointed as a mediator in an administrative case.
- Restriction. An administrative dispute can be settled through out-of-court mediation or judicial mediation, only if the parties to the administrative dispute are permitted by law to enter into a settlement agreement in case of a specific dispute.
- Advantage. The parties who have tried to resolve an administrative dispute through out-of-court mediation before going to court are exempt from the payment of the state fee.
Commentary by PRIMUS Dispute Resolution Practice Group:
Associate Partner, Attorney at Law