Abstract
<p>In statutory legal cultures, both the introduction of mediation into the legal order and the determination of the legal status of the mediator and his responsibility require legislative action. This is the situation of the Polish legal order. Mediation proceedings in civil cases were introduced into the Polish civil procedure in 2005, while in 2015 the mediation model in civil cases was substantially significantly amended. The mediator’s status has also changed as a result of the introduction of a new type of mediator – the so-called permanent mediator, and with a slightly different shaping of the legal liability of mediators. These changes were considered in the article. As a consequence, the reasons for the progressive professionalization of mediation activities have been strengthened.</p>
Highlights
C list of mediators kept by a given mediation centre)
The voluntary nature of mediation and discretion of parties to choose a mediator and decide about the scope of mediation activities is considered a fundamental principle of mediation, including mediation in civil suits
In a situation where the mediator profession can be defined as a profession not regulated by law, the mediator’s responsibilities set out in the internal regulations of a particular centre are aimed at ensuring the necessary professionalism of the mediator in carrying out activities related to mediation proceedings
Summary
In a situation where the mediator profession can be defined as a profession not regulated by law, the mediator’s responsibilities set out in the internal regulations of a particular centre are aimed at ensuring the necessary professionalism of the mediator in carrying out activities related to mediation proceedings. The Polish legislature distinguished among civil cases those which, due to the legally protected values of social life, should be governed by special legal regulations, including regulations regarding the possibility of applying mediation and reaching an agreement between the parties.
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