Legal Status of Mediator in Mediation Proceedings in Civil Cases

Abstract

In statutory legal cultures, both the introduction of mediation into the legal order and the determination of the legal status of the mediator and his responsibility require legislative action. This is the situation of the Polish legal order. Mediation proceedings in civil cases were introduced into the Polish civil procedure in 2005, while in 2015 the mediation model in civil cases was substantially significantly amended. The mediator’s status has also changed as a result of the introduction of a new type of mediator – the so-called permanent mediator, and with a slightly different shaping of the legal liability of mediators. These changes were considered in the article. As a consequence, the reasons for the progressive professionalization of mediation activities have been strengthened.

Keywords

• mediacja
• mediator
• status prawny
• sprawa cywilna
• postępowanie mediacyjne
• odpowiedzialność prawna
• odpowiedzialność zawodowa