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Legislative Workshop: results of pilot practices

This workshop discusses the results and findings of pilot practices and baseline surveys on mediation referral, highlighting possible improvements and challenges to mediation. It addresses specific trainings, empowerment of mediation centers, better interaction between court staff and mediation centers' staff, empowerment of judges, introduction of court-referred compulsory mediation, and more. It also explores the establishment of professional organizations, development of out-of-court mediation centers, and the introduction of mediation and Med-Arb clauses in contracts.

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Legislative Workshop: results of pilot practices

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  1. Legislative Workshop: results of pilot practices Dr Rimantas Simaitis CEPEJ mediation expert

  2. BaselineSurvey: Mediation judicial referral

  3. Mediation referral: possible improvements (1) • Specific trainings on judicial mediation referral under the auspices of the Justice Academy • Empowerment of the Mediation Centres to show more initiative and make more efficient use of their capacities

  4. Mediation referral: possible improvements (2) • Ensure better interaction of judges, court staff, Mediation Centres' staff • Participation of other court staff in mediation referral • FAQs and best practices catalogues

  5. Mediation referral: possible improvements (3) • Empowerment of judges to invite parties to mediation referral • Introduction of court referred compulsory mediation • Dissemination of referral practices among other judges (i.e. non-piloting judges)

  6. Baseline Survey: some challenges to mediation • Abstention or opposition of lawyers – 65 - 80 % (mediators opinion) • Abstention or opposition of lawyers – 95 % (judges opinion) • Parties unwillingness to go to mediation - 35 - 50 % (mediators opinion) • Parties unwillingness to go to mediation - 45 % (judges opinion)

  7. Some challenges to mediation: possible improvements • Introduction of financial incentives: • discounts in court fees in case of use of mediation before applying to court and/or after • Mediation-friendly lawyers’ fees tariffs • Mediation training for lawyers and development of mediation-friendly lawyers’ practices

  8. BaselineSurvey: Mediation associations’ efficiency

  9. BaselineSurvey: Professional organisation establishment

  10. Out-of-court mediation: possible improvements • Consider establishment of professional organisation of mediators – a “single roof” or an “umbrella” of associations • Further development of out-of-court mediation centres • Introduction of mediation and Med-Arb clauses in contracts • Cost calculators • FAQs and best practices catalogues

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