Mediacja jako forma komunikacji w postępowaniu administracyjnym
Mediation as a Form of Communication in Administrative Proceedings

Summary/Abstract: The development of democratic societies has led to an increase in the importance of new alternative dispute resolution methods, in particular mediation, of which one of the main assumptions is to “improve” communication between the parties. Mediation, which is the most popular and most frequently used form of alternative dispute resolution methods in Poland, while maintaining the superior position of the courts, serves as a supplement to the mechanisms of the judicial administration of justice. Following Recommendation R(2001)9 of the Committee of Ministers of the Council of Europe of 5 September 2001, mediation was introduced to proceedings before administrative courts, and due to the very low level of use of this solution by the Act of 7 April 2017 amending the Act – Administrative Procedure Code, mediation was introduced into the administrative procedure. The article is an attempt to analyze the mediation procedure in administrative proceedings in terms of its communication properties. It presents the advantages of mediation, the disadvantages of the applicable legal regulations and the reasons for the marginal use of this solution by using the formal-dogmatic method and the analysis of the available literature.

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