How does mediation work during divorce proceedings?
Divorce can be one of the most emotionally and legally challenging processes in a person’s life. However, increasingly, an alternative option has become available alongside the courtroom – mediation. This is a method of alternative dispute resolution where the parties, assisted by a neutral professional – the mediator – seek to resolve their conflicts peacefully. In Lithuania, two types of mediation are applied: voluntary and mandatory mediation.
Voluntary mediation occurs when both parties voluntarily agree to attempt to settle the dispute amicably. It can begin at any stage – before the court case, during the process, or even after it – and can be applied across various fields, including, but not limited to, family disputes.
Mandatory mediation, on the other hand, is a legally required procedure before resorting to court in certain family law cases. It is applied in disputes concerning child custody, visitation arrangements, child support, property division, or debts. In these cases, the parties must attempt to reach an agreement peacefully with the help of a qualified mediator. Only if an agreement is not reached, can the case proceed to court.
As of September 1, 2024, the mandatory mediation procedure in Lithuania has become even more accessible: the state now finances up to 8 hours of mediation, including preparation and formalizing the agreement.
A request for mandatory mediation can be submitted to the State Guaranteed Legal Aid Service. If only one party submits the request, the service will appoint a mediator within 14 days, who will inform the other party about the initiated process and invite them to join. If both parties agree, they can choose a specific mediator from a list of available professionals.
In family cases, the mediator acts as a neutral intermediary, helping the parties clarify the essence of the dispute, engage in constructive dialogue, and seek solutions that align with both parties’ interests – most importantly, the well-being of the children.
Mediation can resolve all key issues related to divorce, from child custody, visitation with the non-custodial parent, and child support to property division. If an agreement is reached, it is formalized in a peace agreement, which is then submitted to the court for approval. Such an agreement becomes an enforceable document.
It is important to note that mediation is not appropriate in all cases. If there has been violence in the relationship, a significant power imbalance, or other circumstances preventing safe and free negotiation, mediation may not be suitable. In such cases, the parties can proceed directly to court, providing relevant information to justify the inappropriateness of mediation.
If mediation fails due to one party’s refusal to participate or if an agreement is not reached, this does not prevent the parties from proceeding to court. The only requirement is to have a certificate confirming that mediation was initiated but no agreement was reached.
Divorce mediation can not only be faster and more cost-effective but also emotionally easier – especially when children are involved. Mediation helps maintain communication, focus on solutions rather than disputes, and prevents transferring the burden of conflict onto the children.
If you are considering divorce or are already in the process, it is worth evaluating whether mediation could be the right path for you. Our family law specialists can assist you in preparing the application for mandatory mediation, selecting the right mediator, and assessing your situation.
