Mediacja jako pozasądowa metoda rozwiązywania sporu – perspektywa historyczna i współczesna

Hanna Karaszewska

Abstrakt

Mediation as an Out-of-Court Dispute Resolution Method: A Historical and Contemporary Perspective

Mediation is a process based on the principle of voluntariness, which should lead to resolve the conflict between the parties. As a form of intervention in a dispute, gives possibility to communicate between the parties without the participation of the court. The solutions developed during the mediation procedure direct the parties towards the future and allow to satisfy the interests of both sides. The work raises the problem of the historical conditions for the creation of mediation, its definition over the centuries. The article also describes arbitration courts as those that have settled disputes from the past to modern times. First of all, the article focuses on mediation, its essence, and the possibilities of applying it in individual countries. Mediation is presented as an important method, allowing parties to decide how to resolve a conflict. The article contains information on the history of her development, as well as legal bases that gave rise to its dissemination in the country and in the world. The historical conditions for the creation of mediation, the principles of mediation as well as the basic problems that arise during its conduct are described. 

Słowa kluczowe: mediation, conflict, dispute, arbitration, agreement, settlement, mediator

Pierwotną wersją czasopisma jest wersja elektroniczna publikowana w internecie.