Abstract
The article discusses the results of research on the functioning of judicial mediation in civil cases. The effectiveness of mediation is assessed on the basis of the number of concluded settlements or discontinued proceedings as a result of approval of the settlement concluded before the mediator. In the course of the research, the reasons for too low in relation to the expected popularity of mediation were identified, both among the society and professionals related to mediation. For over a dozen years the provisions on mediation have been in force, it has provided many observations and conclusions regarding their functioning.
Highlights
The article discusses the results of research on the functioning of judicial mediation in civil cases
The effectiveness of mediation is assessed on the basis of the number of concluded settlements or discontinued proceedings as a result of approval of the settlement concluded before the mediator
The Code of Civil Procedure provides, as a formal deficiency, the obligation to inform the court in the statement of claim whether or not an attempt was made to resolve the dispute amicably before the case was referred to the court, in practice it is fulfilled by briefly indicating that no agreement was reached (Article 187 § 1 point 3 of the Code of Civil Procedure)
Summary
Посередник у цивільному процесі в Польщі У статті розглянуто результати дослідження застосування судової медіації в цивільних справах. S. Mediator in the Polish civil trial mediation offers the possibility of obtaining a dispute resolution more tailored to individual needs than traditional court proceedings, as it does not focus only on legal issues.
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