The Culture of Compromise in Poland: the example of mediation Cover Image

The Culture of Compromise in Poland: the example of mediation
The Culture of Compromise in Poland: the example of mediation

Author(s): Jolanta Arcimowicz, Anna Krajewska, Tomasz Zabielski
Subject(s): Law, Constitution, Jurisprudence, Civil Law, Sociology of Culture, Sociology of Law
Published by: Instytut Stosowanych Nauk Społecznych Uniwersytetu Warszawskiego
Keywords: conflict; dispute; ADR; mediation; culture of compromise;

Summary/Abstract: Various forms of alternative dispute resolution (ADR) have been developing in Poland since the 1990s, significantly expanding and diversifying the “offer” of support for people involved in disputes. The institutionalization of mediation in Poland, which began with the adoption of the Act on the Resolution of Collective Disputes (1991), introduced new ADR entities to the public arena and changed the scope of powers and tasks of institutions that traditionally had a monopoly on dispute resolution. Mediation strengthened the articulation and representation of the interests of various social groups, and forced changes in the existing strategies of public and non-public entities, strengthening the position of the individual in the process of asserting their rights. However, analyses show that the potential of mediation is not used in Poland. The article presents the results of research on knowledge about mediation and the popularity of this institution in resolving disputes among the inhabitants of two cities - Białystok and Warsaw. The survey research, conducted as part of student internships, was part of a broader research project titled: “Culture of compromise - the potential of ADR in Poland.” The aim of the project was to reconstruct the practice of contemporary “culture of compromise” and to diagnose problems and barriers (e.g. legal, economic, social, educational, organizational) affecting the development of this institution in Poland.

  • Issue Year: 2023
  • Issue No: 36 (2)
  • Page Range: 17-44
  • Page Count: 28
  • Language: English