Mediacja i arbitraż jako sposoby polubownego rozstrzygania sporów, [T.1] red. Dorota Czura-Kalinowska
From the Preface by Dr. Dorota Czura-Kalinowska
This publication is a collection of articles dedicated to issues related to amicable dispute resolution, where the authors, who are both recognized theorists and practitioners, present the problems of mediation and arbitration, focusing on various aspects of these processes. Mediation and arbitration are still undervalued methods of dispute resolution, as highlighted by the authors of the articles. This is partly due to the fact that, until 2005, there was no modern legal system adequately protecting the interests of the parties, i.e., allowing for the enforcement of settlement agreements through legal means. Only recently, by the law of July 28, 2005, amending the Code of Civil Procedure (Dz.U. 2005, No. 178, item 1478), a fifth part named "Arbitral Court" was added to the existing provisions of the Civil Procedure Code. Furthermore, by the law of July 28, 2005, amending the Code of Civil Procedure and some other laws (Dz.U. 2005, No. 172, item 1438), the legislator introduced the institution of mediation into the aforementioned provisions. The changes introduced by these laws have granted legal force to settlements, allowing them to serve as enforcement titles.
This work includes not only reflections on the essence of mediation and arbitration but also discussions on the application of arbitration and mediation procedures in resolving conflicts arising in the fields of administrative and economic law and their practical use within government administration. The publication even encompasses discussions on seemingly unrelated subjects, such as the use of theatrical tools, referring to the qualities and skills, in addition to knowledge and education, that an arbitrator in an arbitral court or a mediator in mediation should possess to reach a settlement.