ZBIEŻNOŚĆ ZASAD LEŻĄCYCH U PODSTAW MEDIACJI W SPRAWACH KARNYCH, CYWILNYCH I ADMINISTRACYJNYCH ORAZ SĄDOWOADMINISTRACYJNYCH
CONVERGENCE OF THE BASIC PRINCIPLES OF MEDIATION IN CRIMINAL, CIVIL, ADMINISTRATIVE AND JUDICIAL--ADMINISTRATIVE MATTERS
Author(s): Piotr Krzysztof SowińskiSubject(s): Law, Constitution, Jurisprudence, Constitutional Law, Criminal Law, Civil Law, International Law, Commercial Law, Administrative Law
Published by: Oficyna Wydawnicza Uczelni Łazarskiego
Keywords: mediation; mediator; parties to a proceeding; principles; openness; confidentiality; commonness; voluntariness; criminal justice proceeding; civil proceeding; administrative proceeding
Summary/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.
Journal: Ius Novum
- Issue Year: 16/2022
- Issue No: 2
- Page Range: 108-129
- Page Count: 22
- Language: Polish