<abstract xmlns="http://www.w3.org/1999/xhtml">

<p>The article constitutes a comparative legal study of mediation based on for procedural regulations, i.e. Act of 6 June 1997: Code of Criminal Procedure, Act of 17 November 1964: Code of Civil Procedure, Act of 14 June 1960: Code of Administrative Procedure, and Act of 30 August 2002: Law on the Proceedings before Administrative Courts carried out with the use of a dogmatic method. The author analyses the solutions that, in his opinion, make it possible to propose a thesis on far-reaching convergence of the basic, and at the same time of normative provenance, principles of mediation. The principles include amicability, voluntariness (optionality), commonness, loyalty to parties, confidentiality and non-openness of mediation, as well as a mediator’s impartiality. The above-mentioned convergence does not mean complete homogeneity of particular solutions or their non-defectiveness, which is exemplified by Article 2591 CPC and Article 83 § 4 CAP. It is also shown that the domestic solutions are in conformity with the solutions recommended by the Committee of Ministers of the Council of Europe.</p>
</abstract>

The article constitutes a comparative legal study of mediation based on for procedural regulations, i.e. Act of 6 June 1997: Code of Criminal Procedure, Act of 17 November 1964: Code of Civil Procedure, Act of 14 June 1960: Code of Administrative Procedure, and Act of 30 August 2002: Law on the Proceedings before Administrative Courts carried out with the use of a dogmatic method. The author analyses the solutions that, in his opinion, make it possible to propose a thesis on far-reaching convergence of the basic, and at the same time of normative provenance, principles of mediation. The principles include amicability, voluntariness (optionality), commonness, loyalty to parties, confidentiality and non-openness of mediation, as well as a mediator’s impartiality. The above-mentioned convergence does not mean complete homogeneity of particular solutions or their non-defectiveness, which is exemplified by Article 2591 CPC and Article 83 § 4 CAP. It is also shown that the domestic solutions are in conformity with the solutions recommended by the Committee of Ministers of the Council of Europe.

Convergence of the Basic Principles of Mediation in Criminal, Civil, Administrative and Judicial-Administrative Matters

PhD, Professor of the University of Rzeszów

Head of Criminal Law Department of the Institute of Law of the University of Rzeszów, attorney-at-law

Ius Novum

This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.

The article constitutes a comparative legal study of mediation based on for procedural regulations, i.e. Act of 6 June 1997: Code of Criminal Procedure, Act of...

Convergence of the Basic Principles of Mediation in Criminal, Civil, Administrative and Judicial-Administrative Matters

Published Online: Mar 01, 2023

Page range: 103 - 124

DOI: https://doi.org/10.26399/iusnovum.v16.2.2022.16-p.k.sowinski

Keywords
mediation, mediator, parties to a proceeding, principles, openness, confidentiality, commonness, voluntariness, criminal justice proceeding, civil proceeding, administrative proceeding

© 2022 Lazarski University, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.

Convergence of the Basic Principles of Mediation in Criminal, Civil, Administrative and Judicial-Administrative Matters

Published Online: Mar 01, 2023

Page range: 103 - 124

DOI: https://doi.org/10.26399/iusnovum.v16.2.2022.16-p.k.sowinski

Keywordsmediation, mediator, parties to a proceeding, principles, openness, confidentiality, commonness, voluntariness, criminal justice proceeding, civil proceeding, administrative proceeding

© 2022 Lazarski University, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-ShareAlike 4.0 International License.

Keywords
mediation, mediator, parties to a proceeding, principles, openness, confidentiality, commonness, voluntariness, criminal justice proceeding, civil proceeding, administrative proceeding