Publication Record

ID
238
Title
A short presentation of the Polish mediation system in civil cases in comparison to the Spanish one
Country
Poland
Date
2015-05-08
Language
English
Description
The following article contains a short presentation of the functioning of the mediation procedure in civil cases in Poland in comparison to the one existing in Spain. In light of the enforcing of Directive 2008/52/EC on certain aspects of mediation in civil and commercial matters which forced all members of European Union to implement a mediation procedure into their legal system, the goal of the article is to look at the differences and similarities existing in these two legal systems after implementation this Directive. Due to this being just a short presentation the author only indicates a few of the most important points of the Polish mediation system in civil cases, concentrating on the four following points: i) the way in which the mediation procedure is regulated; ii) the possible way of initiating the mediation procedure; iii) the requirements for becoming a mediator; iv) the possible way of enforcing mediation settlement. In conclusion, the author presents her opinion on how the existing distinctions may affect the development of mediation.
Subject
International dispute resolution
Arbitration, mediation (ADR)
private International law
Publication type
Article

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