Family Mediation is an alternative dispute resolution method designed to help family members reach mutually acceptable agreements while avoiding lengthy and emotionally draining court proceedings. It plays a particularly important role in resolving issues related to divorce, child custody and access, division of property, and other family law matters. During mediation, a neutral mediator facilitates constructive dialogue, guiding both parties toward a solution that prioritizes the best interests of the child and the family as a whole.
Since 2020, mandatory mediation has become a legal requirement in Lithuania for resolving family disputes before initiating court proceedings. This means that the parties must first attempt to reach an agreement with the help of a mediator. Only if mediation fails can the matter proceed to court. This system reduces the burden on courts and empowers families to retain control over the decision-making process.
Family mediation can be either mandatory or voluntary. Mandatory mediation applies to disputes involving divorce, determination of a child’s place of residence, parenting time arrangements, child support, and related matters. Voluntary mediation is chosen when the parties wish to resolve a dispute amicably, even if mediation is not legally required.
Lawyers play an essential role in the mediation process. They assist clients in preparing for mediation, clarifying legal rights and interests, and ensuring that any agreement reached is clear, enforceable, and legally sound. While lawyers do not typically represent clients in the traditional adversarial sense during mediation, they may participate as legal advisors, helping clients evaluate their options and guiding them through legal implications. If a settlement is reached, lawyers can help draft and formalize the agreement for legal approval.
If the parties do not reach an agreement through mediation, they retain the right to pursue litigation. However, the insights and proposals developed during mediation often provide a helpful foundation for further negotiations or court proceedings.
