Possibilities of activate use of mediation

“The man with the new idea is a crank until the idea works”

Mark Twain

“Man serves the interests of no creature except himself.”

George Orwell, Animal Farm

Why mediate?

• Because it works, it is quick, and it saves money and business relationships

• Mediation is not a sign of weakness

• Mediation: a complex process

Arbitration/court v. Mediation

Arbitration/Court• Compulsory• Slow• Costly• Adversarial• Risky

Mediation• Voluntary• Quick• Cheap• Collaborative• Reduces risk to a minimum

Why is mediation effective? (1)

• The practical benefits:– Reduces Cost (litigation is expensive)– Saves Time– Allows for win-win situation– Lessens hours of engagement for attorneys and

disputants– Preserves relationships– Can be undertaken at any time– Parties retain control

Why is mediation effective? (2)

• The practical benefits:– Allows for commercial or lateral solutions (allows

for creativity in solutions)– Privacy– Simplicity– Saves in terms of emotional stress (allows for

continued relationship)– Can help improve communication between

separating couples– Not governed by stringent rules

Mediation?

There was a dispute between two junior chefs over an orange. They came to blows in the kitchen. The head chef intervened. Both men insisted they wanted the orange, it was the last one in stock, and they had to have it to prepare lunch that day. Neither could be satisfied if the other was given the whole orange. The chef thought about it for two minutes, picked up a meat cleaver chopped the orange in two and gave half to each chef. Simple?

Mediation?

NOResult: Neither chef was happy.

The first only wanted the skin for the zest in a sauce. The second needed all of the fruit to pulp for a juice. Neither could make the dessert of his choice with half an orange and both went home unhappy.

“Mediation to lawyers is like sex is to teenagers: everyone seems to be talking about it; everyone

seems to agree it’s a good thing; but very few seems to have had any real experience of it”

(Ian Walker of Russell Jones & Walker at the CEDR Civil Justice Audit, April 2000)

What can be done?

Do more to promote mediation (1)

• Member states must do more to promote mediation

• Promoting mediation while protecting voluntariness;• Building a mediation culture;• The duty of solicitors to advise their clients in

relation to mediation must be adopted, not only as part of our culture, but as part of our law;

Do more to promote mediation (2)

• There should be a serious campaign to ensure that all litigation lawyers and judges are properly informed of how mediation works, and the benefits it can bring;

• An authoritative handbook for mediation should be prepared, explaining what mediation is and how it works and listing reputable providers of mediation services. This handbook should be used as the standard work for the training of judges and lawyers.

Strategies to ensure effective and appropriate channelling of cases to be resolved through

mediation

(By Gloria Lim, Cheryl Lim and Elaine Tan)

• General public education and awareness activities

• Specific initiatives reaching out to targeted segments of the community

General public education and awareness activities

It must be used creative ways to reach out to mass audiences in relevant ways through various channels, including:

(a) Organising public roadshows and exhibitions in densely-populated residential areas during weekends and public holidays; (b) Weaving mediation messages into the storylines of popular local television dramas; (c) Putting up advertisements in mass media (e.g. television and public transport systems); (d) Displaying posters and pamphlets at strategic spots (e.g. the lift lobbies of public housing flats); and (e) Making publications, etc.

Specific initiatives reaching out to targeted segments of the community

• Present and long-term mediation capabilities;• Facilitates mediation training. Mediation -

conflict resolution perspectives and promote mediation as a life-skill.

• Mediation training workshops and seminars for student leaders of all levels to learn basic mediation techniques.

Thank You!

Neringa ToleikytėVilnius University Faculty of Law

neringa.toleikyte@gmail.com+370 614 24694Vilnius, Lithuania