A Settlement Reached before a Mediator and a Court Settlement—a Gloss to the Judgment of the Court of Appeal in Katowice of 23 September 2016, File Ref. no. I Aca 404/16
A Settlement Reached before a Mediator and a Court Settlement—a Gloss to the Judgment of the Court of Appeal in Katowice of 23 September 2016, File Ref. no. I Aca 404/16
Author(s): Marek DąbrowskiSubject(s): Law, Constitution, Jurisprudence, Court case
Published by: Towarzystwo Naukowe KUL & Katolicki Uniwersytet Lubelski Jana Pawła II
Keywords: mediation; court approval of a settlement
Summary/Abstract: The gloss discusses the considerations of the proposition formulated in the justification for the judgement of the Court of Appeal, in which it was assumed that the difference between a settlement agreement concluded before the court and an agreement concluded before a mediator and approved by the court is that only the agreement concluded before the court has the legal force equal to that of a notarial deed. The presented doubts relate to the part of the reasoning concerning a settlement reached before a mediator and which has been “approved by the court.”
Journal: Roczniki Nauk Prawnych
- Issue Year: 28/2018
- Issue No: 4EV
- Page Range: 181-190
- Page Count: 10
- Language: English