Mediation and the Judicial Type of the Application of Law. Context of the ‘Opening up’ of Decision-Making Processes
Mediation and the Judicial Type of the Application of Law. Context of the ‘Opening up’ of Decision-Making Processes

Summary/Abstract: Paper’s aim deals with the analysis of the features of mediation (treated as a way of solving the legal problems) in the light of properties of the judicial implementation of the law in the context of both the decisional process and the legal reasoning within the operational interpretation of the law. The mediation, being an instrument of the opening of the legal order should be treated as a separate subtype of application of law, differentiated from judicial and administrative types. The indication of the actors operating in it, type of their competence, initiation and the course of the process as well as a way of the building of the decision through the using of axiological and functional rules of legal interpretation and the way in which the decision is justified allow to create an image of the basic elements of mediation in their decisional perspective.

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