The publication in English shows the reader mediation as an instrument of various applications, which is expressed, inter alia, in cross-border mediation in family matters. Undoubtedly, under Article 23a of the Polish Criminal Procedure Code, one can also speak of a wide applicability of the institution of mediation in criminal cases and a fairly flexible approach of the legislator to the conditions to be met by a case referred to this form of dispute resolution between the accused/suspect and the aggrieved party. An important, but insufficient, condition is the development of a model (models) of legal institutions that make up restorative justice, but it is also necessary to implement strategies for their implementation, which concerns both the procedural bodies themselves and the society, which shows considerable ignorance and distrust towards such forms of resolving legal disputes in this respect. The postulate that the institutions of law should not be used instrumentally is as appropriate as it is probably difficult to implement in national realities.
The book touches on many important issues related to the alternative way of settling the case, pointing to elements characteristic of the Polish or foreign legal system. The text is analytical, not only synthesizing the achievements of doctrine or jurisprudence. A comparative view of the issue of mediation is also conducive to the development of national regulations in this area, allowing to avoid mistakes made, for example, by the Hungarian legislator, which – at the stage of preparatory proceedings – seems to assign too much role in referring a case to mediation to law enforcement authorities.
From the review by dr hab. Piotr Sowiński, prof. UR
One institution that can respond to the challenges of the justice system is mediation. Therefore, the edition of this publication should be appreciated. It is a valuable compendium of knowledge, in particular discussing the issue of mediation. It thus brings added value to the science of law and to the problem of mediation, which can be described as the future of ʻjusticeʼ.
The authors discussed specific mediation problems, presented ready-made conclusions and proposed solutions. They approached the discussed issue in a manner consistent with the scientific method proper to the sciences of law. They based their research problems on sources, i.e. Polish and foreign literature, legal acts and case law. The monograph is therefore a valuable publication for both theoreticians and practitioners of law. What’s more, it can be a contribution to more far-reaching issues.
From the review of dr hab. Bogumił Szmulik, prof. ucz.
