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  6. Mediation in Civil Matters as an Example ...

Journal of Security and Sustainability Issues

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Mediation in Civil Matters as an Example of the Method Used in Legal Security Management and Optimization of Costs of Proceedings
Volume 9, Issue 2 (2019), pp. 595–602
Marcin Jurgilewicz   Krystyna Kmiotek   Robert Dankiewicz   Andrzej Misiuk  

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https://doi.org/10.9770/jssi.2019.9.2(18)
Pub. online: 30 December 2019      Type: Article      Open accessOpen Access

Published
30 December 2019

Abstract

Mediation is an example of one of the alternative methods of resolving legal disputes. Its use is becoming more and more common, and the very idea of using mediation institutions to resolve legal disputes brings many benefits to conflicting parties, which include speed of proceedings or its cheaper costs. On the basis of national legislation, mediation has become a universal institution because it has been regulated in both public and private law. The next step of the legislator was to equip the mediator in civil matters with various methods through which he can conduct mediation proceedings. Therefore, the mediator conducts mediation using various methods aimed at amicable settlement of the dispute, including by supporting the parties in formulating their settlement submissions or at the mutual request of the parties, it may also indicate ways of resolving the dispute which are not binding for the parties. However, the success of mediation is determined not only by the will of the parties, but also by the way the mediator conducts this procedure, which is characteristic of the conflict management formula. In turn, the instruments at the disposal of the mediator in civil matters, in addition to their real impact on increasing the number of mediation proceedings and settlements concluded before the mediator, which is an example of the desired solution, also imply other legal consequences, including optimization of the costs of the process. Therefore, in addition to financial benefits for parties benefiting from mediation by the society, it is worth considering the methods of conducting this procedure in civil matters, which are examples of tools for managing legal security.

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Keywords
security management mediation costs and fees

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Generolo Jono Žemaičio Lietuvos karo akademija Šilo g. 5A., LT-10322 Vilnius, el.p: lka@mil.lt

General Jonas Žemaitis Military Academy of Lithuania  Šilo Str. 5A, LT-10322 Vilnius, Lithuania, e-mail: lka@mil.lt

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