| Abstract [eng] |
The doctoral dissertation, based on theoretical and practical aspects of the application of mediation in the legal profession, aims to reveal the impact of mediation on the lawyer‘s professional activities, with a special focus on the transformation of the lawyer‘s role in the mediation process and the related challenges. The dissertation analyzes how the expansion of a lawyer’s functions in mediation goes beyond the traditional role of a legal advocate, extending into the position of a neutral and impartial intermediary. Given that the services provided by lawyer-mediators are currently classified as nonlegal services, the dissertation assesses whether the legal frameworks of the European Union, Lithuania, the United Kingdom, Germany, and Austria, regulating the activities of lawyers in mediation, address the fundamental question of whether the services provided by a lawyer as a mediator should be considered legal services. Therefore, the dissertation examines the legal regulatory uncertainties arising from the lawyer’s responsibility when performing different roles in the mediation process. The specific characteristics of a lawyer’s activities in mediation in foreign countries are also reviewed. Based on the results of scientific analysis, the specific nature of a lawyer‘s activity in mediation is identified. The dissertation presents the results of a quantitative study that examines the practical aspects of mediation and its application in the legal profession, and offers proposals for the development of lawyers‘ activities in mediation in Lithuania. The study results may serve as a theoretical foundation for planning the expansion of mediation within the legal profession. |
