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THE ROLE OF MEDIATION IN PUBLIC AND PRIVATE LAW IN THE REPUBLIC OF LATVIA

S. Kaija, V. Reingolds

Abstract

Introduction. Considering the dynamic development of modern societies, over the recent years European states have been allocating more and more attention on mediations as an alternative means of dispute and conflict resolution, including conflicts in public and private law. European states have been both passing new laws and statutory acts and accepting new social norms pertaining to mediations, which has called for debates in societies. Following these tendencies in legal developments, the Republic of Latvia is currently investing efforts into the development of the institute of mediation. The normative base is being formulated and applicability of practice as a new practice in Latvia is being considered. Various models of mediation, including controversial ones, are being discussed within the framework of debates on a new national draft law proposal On Mediation. Results. The paper claims that current mediation tendencies are correlated with the expansion of delegation of authority by the subject of the civil society. In particular, these tendencies include a) the expansion of a spectrum of implementation of various methods of defence of violated rights, freedoms and legitimate interests of natural and legal persons, b) the increasing deployment of extrajudicial, reconciling and alternative methods of argument and conflict resolution, including corporate conflicts, and c) the increasing deployment of new technologies of mediation in court proceedings. The paper addresses the development of priorities, role, types, models, technologies and applications of mediations, discusses main aspects of the Latvian draft law proposal On Mediation and analyzes opportunities and problematic features of mediation existing in public law, and in particular with reference to the criminal procedure, as well as in civil and commercial laws of Latvia. Conclusions and recommendations. The development of private and integrated mediation in public and private law of Latvia should proceed considering a) the complexity of transformation of the current legislation, b) development of uniform criteria regulating the mediator qualification procedure, c) analysis of law-enforcement practice of European states, d) training of qualified professional mediators and e) development of the legal culture in the population.

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