PRZYCZYNY SPADKU LICZBY SPRAW KIEROWANYCH DO MEDIACJI W POSTĘPOWANIU SĄDOWOADMINISTRACYJNYM W OPINII SĘDZIÓW I REFERENDARZY SĄDOWYCH
REASONS FOR THE DECREASE IN THE NUMBER OF CASES REFERRED TO MEDIATION IN ADMINISTRATIVE COURT PROCEEDINGS IN THE OPINION OF JUDGES AND COURT REFERENDARIES

Summary/Abstract: The article deals with the institution of mediation in court and administrative proceedings,regulated by the provisions of the Law on Proceedings before Administrative Courts (LPA) of30 August 2002. According to the assumptions, mediation was supposed to streamline the pro-ceedings by facilitating the resolution of disputed issues emerging in a case subject to control byan administrative court. However, mediation has not found wider application. The article aimsto establish the reasons for the limited scale of the use of this institution, including the decreasein the number of mediations conducted before voivodeship administrative courts. The researchcovers the years 2004–2017, that is, the period when mediation was conducted by judges or courtreferendaries. The source material for the considerations presented in the article are new datafrom interviews with judges and court referendaries. The article presents the opinions of thesepeople on the reasons for the consistent decrease in the number of cases referred to mediation.The authors also rely on statistical data from the Supreme Administrative Court. The analysis isconducted from a sociological and legal perspective. The research presented in the article showsthat the reasons for the decrease in the number of cases referred to mediation in the years 2004–2017 can be explained on the basis of the theory of social role and the theory of rational choice.The conducted research complements the current state of knowledge on mediation in the LPA andallows us to identify further directions for the development of this procedural institution.

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