Non-trial mediation of administrative disputes in Lithuania

Abstract

The development of modern society and the continuous expansion of legal relations have contributed to a gradual increase in the number and complexity of legal disputes. At the same time, the growing workload of courts and the prolonged duration of judicial proceedings have reinforced the significance of alternative dispute resolution mechanisms. Among the various forms of alternative dispute resolution, legal scholarship has recently devoted particular attention to the application of mediation in disputes between public administration authorities and private individuals. The concept of peaceful dispute resolution, based on dialogue and cooperation rather than adversarial confrontation, is primarily implemented through mediation procedures. Compared to judicial proceedings, mediation offers several advantages, including a more expeditious resolution of disputes, reduced financial costs, and greater procedural autonomy for the parties involved. In Lithuania, the system of administrative justice incorporates both judicial and quasi-judicial models of administrative dispute resolution, including proceedings before the Regional Administrative Court and the Supreme Administrative Court of Lithuania, as well as pre-trial dispute resolution institutions. The establishment of a mandatory pre-trial dispute-resolution mechanism in Lithuanian administrative law largely aligns with European standards for accessible and efficient administrative justice. Under the current legal framework, certain administrative disputes are subject to mandatory examination by the Lithuanian Administrative Disputes Commission, which operates as a quasi-judicial body. It should be noted that the use of mediation within the Commission's activities has been gradually increasing. Although both Lithuanian and foreign scholars have analyzed mediation as a method of pre-trial administrative dispute resolution, insufficient attention has been paid to the practical functioning of the Lithuanian Administrative Disputes Commission, the challenges arising in its operations, and the methods used in its dispute-resolution practice. Accordingly, this article examines the general processes of mediation in administrative law, with particular emphasis on the legal regulation and operational aspects of the Lithuanian Administrative Disputes Commission.