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MediationPrinciples and Regulation in Comparative Perspective$
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Klaus J. Hopt and Felix Steffek

Print publication date: 2012

Print ISBN-13: 9780199653485

Published to Oxford Scholarship Online: January 2013

DOI: 10.1093/acprof:oso/9780199653485.001.0001

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Mediation in Poland: Time for a Quiet Revolution?

Mediation in Poland: Time for a Quiet Revolution?

(p.775) Chapter 14 Mediation in Poland: Time for a Quiet Revolution?

Rafał Morek

Łukasz Rozdeiczer

Oxford University Press

The development of mediation in Polish law has followed an unusual path. It was first introduced for collective labor law (1991), followed by criminal procedure (1997) and juvenile offenders (2001), later for judicial control over administrative decisions (2002), and finally for civil law, including commercial, family and other private law matters (2005). The European Commission confirmed in July 2011 that Poland belonged to the group of 17 Member States which implemented Directive 2008/52/EC. However, while the take up of mediation remains limited, the current regulation of mediation is often criticized. The criticism relates in particular to unsatisfactory mechanisms for ensuring of the quality of mediation (including low requirements applicable to potential mediators) and lack of public funding and legal aid with respect to mediation for civil matters. There is a growing consensus among the mediation community that the regulations should be revised, and possible amendments should take into account results of the implementation of Directive 2008/52/EC in other EU Member States.

Keywords:   Poland, mediation, civil law, Polish law, collective labor law, criminal procedure, juvenile offenders

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