Mediacja jako sposób rozwiązywania sporów gospodarczych o charakterze transgranicznym na przykładzie Polski i Niemiec
Mediation as a way of solving cross-border economic disputes using Poland and Germany as an example

Summary/Abstract: This paper aims to outline the specificities of cross-border economic disputes and to present mediation as a means of solving them as an alternative to common courts, giving the parties the opportunity to settle their dispute faster and cheaper. Mediation also allows the involved parties to continue their economic relation and further develop their co-operation. In a first step the constitutive characteristics of mediation are determined and the specificity of cross-border mediation with particular emphasis on intercultural aspects is explained. In this context, the paper presents specific mediator competences necessary for effective mediation proceedings. Furthermore the legal basis for applying mediation to disputes between Polish and German entities will be described followed by the discussion of applicable regulation in both countries as well as the institutional and legal framework for mediation proceedings in the EU on cross-border economic disputes. In addition, empirical data on the scope of dissemination of mediation in both countries, the attitude of Polish and German entrepreneurs towards mediation and the difficulties of applying it due to cultural differences will be analyzed. The conclusions of the above analysis will be presented in the final section of the paper, which will provide a model of the Polish-German mediation center which aims, besides broad information activities, to create a network of professional intercultural mediators and to promote mediation as an alternative method of conflict resolution between Polish and German business entities.

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