Mediacja cywilna w polskim i włoskim systemie prawnym – próba porównania. Analiza pomysłu wprowadzenia obligatoryjnej mediacji cywilnej w Polsce

The publication focuses on regulating civil mediation in Polish and Italian legal system. The aim of the work is to contrast the model of voluntary mediation in Poland with obligatory mediations introduced in Italy. The study also presents the advantages of mediation as the best method of dispute resolution. The study analyzes attempts to encourage parties to participate in mediations that have been applied in the Polish Code of Civil Procedure. In addition, the purpose of the article is to analyze the possibility of introducing mandatory civil mediations in Poland.

Poufność mediacji w sprawach cywilnych w perspektywie analitycznej teorii normy prawnej Jerzego Landego

<p>The paper discusses confidentiality of civil mediation in the view of Jerzy Lande’s theory of legal norm. In the Polish theory of law confidentiality of mediation has not been described whatsoever. Lande created a theory according to which two legal norms: legitimized and legitimizing were distinguished. Disposition, as a mandatory element of the norm, includes two constituents: obligation and entitlement (right). The article contains a re-conceptualisation which allows understanding specific features of mediation as a legal institution and enables to gain more insight into the functioning of confidentiality of civil mediation.</p>