COMPLAINT AGAINST A MEDIATOR AS A MECHANISM FOR CONTROLLING THE QUALITY OF MEDIATION SERVICES FROM A COMPARATIVE LEGAL PERSPECTIVE
COMPLAINT AGAINST A MEDIATOR AS A MECHANISM FOR CONTROLLING THE QUALITY OF MEDIATION SERVICES FROM A COMPARATIVE LEGAL PERSPECTIVE

Summary/Abstract: The article analyses the institution of a complaint against a mediator in the Polish legal system, recognising it as a key mechanism for ensuring the quality of mediation services in the light of Article 4 of Directive 2008/52/EC. The analysis was supplemented by three distinguished models of disciplinary liability, integrating various solutions in force in the EU Member States. The results indicate that effective mechanisms for quality control of mediators’ work require the implementation of a system of disciplinary responsibility for mediators in order to ensure high ethical and professional standards. In Poland, this system is poorly developed, and the regulations in force are incomplete, taking the form of quasi-disciplinary responsibility of mediators. The lack of effective disciplinary procedures, limited competences of supervisory bodies and the lack of obligation to comply with the codes of ethics undermine the credibility of mediators and trust in mediation. The comparative legal analysis distinguished three models of disciplinary liability of mediators in the EU: centralised, decentralised and hybrid. They differ in their supervisory structure, scope of competences and complaint-handling mechanisms. The conclusions from the conducted analysis emphasise the need to harmonise the regulations in force in Poland, including the introduction of transparent and dedicated complaint procedures as well as the expansion of the catalogue of sanctions and their effects. Such actions will enable the achievement of the objectives of Article 4 of Directive 2008/52/EC by ensuring the effectiveness of mechanisms for controlling the quality of mediators’ work and strengthening public confidence in mediation.

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