Selected Mechanisms for Shaping Mediation in the Administrative Sphere

Abstract

Mediation is one of the alternative forms of dispute resolution (ADR). It finds its actual application in almost all branches of law, including its presence in the functioning of public administration. Mediation is an important institution present in Polish law and fits into the contemporary concept of giving it normative structures of media institutions. It is also an increasingly used mechanism by the public administration itself. Despite the fact that the administration often uses state coercion, the proper protection of individual rights must undoubtedly also affect the use of mediation to eliminate various disputes and conflicts. The main goal of the article is to assess the legal and informal conditions for the use of mediation mechanisms in administrative activities, indicating the proposals de lege ferenda in the concept of changes in substantive administrative law in solving problems that are largely generated by the public administration itself.