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Mediation in economic disputes

Pawłowska Elżbieta, Wranik Johanna

Zeszyty Naukowe. Organizacja i Zarządzanie / Politechnika Śląska

2020

z. 148

635--646

Purpose: The purpose of the article is to present the use of the mediation tool in resolving economic disputes on the example of the Silesian Voivodeship. Design/methodology/approach: The comparative analysis methodology was selected for the purposes of this study. Analysis as a technique for recognizing the types of elements forming a given whole on the basis of their characteristics and assessing the efficiency of the whole functioning against the background of the adopted pattern. The analysis was conducted in two selected regional courts in the Silesian Voivodeship. Findings: Currently, an increasing number of commercial cases pending before the courts can be observed, however, the institution of mediation still plays a negligible role in their resolution. Mediation focuses on the future of the parties, avoids escalation of the problem and is a highly individualized process. An undoubted problem regarding mediation is the lack of trust of both courts and the public in this form of resolving the conflict. Currently, mediation is not sufficiently used, which is why education and promotion are so important in this regard. Originality/value: The presented analysis is important because it indicates the role of mediation and the essence of its popularization in overcoming society's reluctance. To achieve this, it is necessary to promote information on mediation, train judges in effective urging the parties to mediate, and make young people aware of the many benefits of settling everyday problems.