Confidentiality of Mediation in Civil Cases in Perspective of the Jerzy Lande’s Analytical Theory of Legal Norm

Abstract

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.

Keywords

• mediacja
• poufność mediacji
• norma prawna
• analityczna teoria normy prawnej landego