LEGAL STATUS OF A MEDIATOR IN THE CONTEXT PROFFESSIONALIZATION OF THE MEDIATOR PROFESSION IN POLAND

Abstract

The aim of the article is to indicate the internal differentiation of the legal status of the mediator’s role in the Polish legal order in the context of its heterogeneity and generality, and to draw attention to the activities undertaken in the field of professionalization of the mediator profession for the future. It should be noted that in recent years in Poland, interest in the profession of mediator has increased. This tendency is fostered by the quite liberal definition by the legislator of the requirements for the performance of this professional function. The authors of the article analyze the current legal regulations regarding the requirements for candidates for mediators in Poland (including in particular the so-called permanent mediators, using the so-called dogmatic-legal method, base their conclusions on the analysis of the jurisprudence (pointing to its heterogeneity and the observed actions of the legislator, including range. A special problem is the rather liberal definition by the Polish legislator of the requirements for fulfilling this professional role. Combined with the lack of decisions on other elements of the legal status of this profession (in particular, legal liability), this leads to a lack of trust in the institution of mediation. To prevent this, the legislator is taking measures to expand the use of mediation in litigation, one of which is to further professionalize the mediation profession (including the work described on the creation of the National Register of Mediators). This activity will strengthen the mediator’s position as a participant in the justice system, and his professionalism will contribute to the multifaceted resolution of disputes in mediation, and thus help the judiciary to consider a huge number of cases referred to court. trial (for example, in connection with the receipt of evidence).