Mediation in Poland
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Mediation is a technology for alternative dispute resolution with the participation of a third (neutral, impartial, uninterested party) conflict - a mediator that helps the parties work out an agreement on the dispute. At the same time, the parties fully control the decision-making process for the settlement of the dispute and the conditions for resolving the dispute. Now mediation technologies are used in civil, commercial and criminal law. Mediation enables the parties to agree on their own, without the participation of state bodies, the court and law enforcement agencies (the participation of these bodies is minimal). Mediation in Poland is applied, encouraged and it gives the opportunity to significantly free the courts and law enforcement agencies, as well as significantly reduce the costs of the parties to resolve the dispute, to achieve maximum benefits. Lawyers and lawyers provide mediation services in Polish cities.
Mediation does not require special legislative regulation of free negotiations between the parties; if a dispute arises, then the parties are already in a conflict situation. Therefore, the participation of an independent entity that has experience in negotiations, a calm and sober mind, which is emotionally stable, has a personal outlook on the situation, often leads to positive results and the achievement of favorable terms of the transaction and reconciliation of the parties.
Obligatory participation of state authorities complicates negotiations or makes negotiations impossible. If a person has violated the law that protects the foundations of public safety, then he must be punished by law, otherwise it can lead to increased crime and other negative consequences. When committing a crime, especially not serious, mediation is possible.
Only a family judge can transfer legal cases to mediation. The juvenile code does not prescribe conditions allowing mediation, so the transfer of cases is often carried out during preliminary hearings in court, so that the offender agrees to recover damages. This agreement is submitted to the court at the decision or sentence stage. An agreement between the parties may provide for the use of educational measures that allow the conditional release of a minor or a temporary suspension of a sentence of detention. Fulfillment of the agreement may be a condition of a trial period. Not serious or moderate cases are transferred for mediation, in which the offender can compensate for the harm to the victim (person or company), and if the offender’s guilt is established and the wine is not appealed.
The process of referring a case to mediation is carried out by a court or prosecutor. If the offender is a minor, then after receiving the mediation of the case from the family judge and accepting the case, the mediator contacts the offender (or his parents) to explain the procedure. If the offender agrees to mediation, then the mediator is contacted with the victim. Then the mediator holds meetings separately from each side to discuss the conditions of mediation.
Often there are mediation results - compensation for damage or apology. The terms of the agreement (completion of compensation) are fixed in writing. The mediator controls the implementation of the agreement. If the contract is not fulfilled, then the victim may seek a court decision on damages. In practice, offenders rarely fail to fulfill their obligations.