Court-connected mediation designed to foster more sustainable dispute resolution practices in Lithuania was launched in 2005. The article is an elaboration on Lithuania's experiences relating to court-connected mediation in the realm of civil justice. It investigates the problem of the so called "plateau", when the number of mediated cases stops to grow, thus raising the question of what is the future of court-connected mediation in general. Authors present the main features of the Lithuanian court-connected mediation model and stages of its formation. The autors strive to provide a better understanding of the possible causes for the problem under consideration, as well as underlying assumptions associated with sustainable dispute resolution practices in courts. Next, the results of the original quantitative and qualitative empirical survey dedicated to the analyzed problem and performed by the authors in the beginning of 2021 are presented. The research is supplemented by data from Poland, which presents a fracture of the problems related to court-connected mediation in Eastern Europe. Poland's perspective provides a glance into another legal system, which chose a different model of court-connected mediation without the direct involvement of judges as mediators. Still, the data from Poland shows the tendency of a steady influx of mediated cases. The article ends with a discussion, conclussions and recommendations on the causes and consequences of mediation stagnation in the process of developing a court-mediation and, possibly, mediation in general. The paper is dedicated to dispute resolution experts, both practitioners and scientists, who are interested in Eastern European experiences and problems associated with the development of mediatiaton.
SUMMARYMail-order brides are not a new concept to society, and unfortunately, it is still an issue that persists today. The trafficking of women illegally through the mail-order bride system is a well-known and documented phenomenon across the world. This paper will look specifically at the mail-order bride phenomena in the United States, the United Kingdom, and Ireland, as well as the International Marriage Broker Regulation Act of 2005 and the Victims of Trafficking and Violence Prevention Act of 2000. By analyzing these nations' mail-order bride laws and systems, as well as the international laws governing mail-order brides, it is clear that although measures have been taken to protect trafficked women, more could be and should be done to protect women from falling into the hands of the abusive and dangerous mail-order bride ecosystem. By reforming laws, strengthening punishments, and placing more accountability on nations to actively prevent women from being mistreated as mail-order brides, we may one day be able to live in a world in which mail-order brides do not exist. The author presents the historical development of the mail-order bride phenomena and its current implications on women and family life. Moreover, the paper analyzes the problem in a broader, comparative perspective which gives a greater understanding of the occurrence within the realm of common law countries.
In the realm of Polish law, arbitration is anything but a new concept. In an ever-developing economy, arbitration has become a useful tool in resolving disputes that are commercial in nature. The issue pertinent to the choice of language in an arbitral proceeding has been thoroughly investigated in the doctrine of international arbitration, yet the conclusions are not set in stone and are likely to change and evolve over time. As evidenced by the technological revolution, introduction of mechanical translations, and artificial intelligence (“AI”) it may seem that the challenges will be difficult to predict. Alternatively, the status quo of the English language as the number one language in the arbitral proceedings will remain. The parties can easily dismiss the linguistic and interpretative problems surrounding arbitration agreements. Thus, this article endeavors to consider the possible implications of a case scenario, wherein a party would attempt to arbitrate an international dispute with a Polish party on the basis of a contract that would be in a language that differs from Polish. Additionally, attention is drawn to the role of witnesses in an arbitration proceeding as such witnesses may speak languages that are the same, similar, or entirely different to the language spoken by the parties involved in the arbitration, as well as differ from the primary language of the arbiters. This article examines the aforementioned hypothetical case-scenario with the emphasis on relevant Polish acts of law. The research presented in this article is also focused on the examination of regulations vested in the statute of the most prominent Arbitration Court in Poland, and its provisions pertinent to language.
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