Check .lt domain

What is mediation?

Until 1 October 2018, 45.71% of the cases regarding .lt second level domain names were terminated with the court’s approval of a peace agreement or withdrawal of the claim.

It may be assumed that court proceedings could be avoided in many of these cases if the parties of the dispute applied to a mediator. Such regulation of relationships becomes increasingly common and develops rapidly. Mediation in Lithuania is regulated by a specific law.

In case of a domain name dispute, the peaceful solution may only be lacking an impartial person trusted by both parties who could assess the circumstances and the validity of the arguments of both parties in a professional manner, provide the precedents and propose an agreement with consideration of the probable ending of the proceedings. It would be non-judicial mediation. Serious obstacle of the non-judicial mediation – impossibility of provisional safeguards; the process becomes more complicated when they are not applied. Therefore, in practice the claimant begins by submitting the claim to the court and requests to apply provisional safeguards (sometimes a request for security is submitted before the claim) and only then the possibility of the peaceful solution is considered.

Mediation is possible even after the submission of the claim, but in this case, it would be judicial mediation. Unfortunately, judicial mediation was applied only in one domain name dispute case until 1 October 2018; it was terminated when the parties failed to agree on the date of the meeting. There was another case when the claimant proposed to apply a judicial mediation, but the defendant refused.

The parties of the dispute should consider mediation, because this method helps to reduce the costs and save time.