Prevencinės ir ankstyvosios stadijos administracinių ginčų mediacijos poreikis ir galimybės Lietuvoje

Abstract

This article analyses the possibilities of using mediation in the field of public law in Lithuania not only as an intervention method for resolving administrative disputes, but also as a preventive measure that reduces the possibility of raising or further escalating such disputes. The article examines the legal doctrine and good practice of other countries in the application of mediation in various areas of administrative law at both the prevention stage (as a method to increase cooperation and effective communication) and the early stage (for avoiding further escalation of the dispute), and in both quasi-judicial and judicial institutions. Preventive and early-stage mediation in certain areas of public administration not only promote the avoidance of lengthy and resource-intensive formal processes in quasi-judicial or judicial institutions, but also strengthen social dialogue between citizens and public administrations, increasing citizens’ involvement in decision-making and their confidence in public authorities. The wider application of mediation both as a preventive measure and at an early stage is especially relevant in the modernization of the public administration system and wider society, and can be understood as an integral part of the constitutional principle of good administration that can help to implement the principles of innovation and openness to change in public administration.