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54 Rev. Eur. & Comp. L. 279 (2023)
Mediation as Means of Communication for Public Administration in Settling Administrative Disputes

handle is hein.journals/recol54 and id is 281 raw text is: 





        Review   of European   and  Comparative Law 1 2023
                                            Vol. 54, No. 3, 279-301
                                  https://doi.org/10.31743/recl.16226
Received: 17 April 2023   Accepted: 11 September 2023   Published: 30 September 2023


Mediation as Means of Communication for Public
Administration in Settling Administrative Disputes

Katarzyna   Kulak-Krzysiak
Dr., Assistant Professor, Faculty of Law, Canon Law and Administration, John Paul II Catholic University of Lub-
lin, correspondence address: ul. Aleje Raclawickie 14, 20-950 Lublin, e-mail: katarzyna.kulak-krzysiak@kul.pl
s https://orcid.org/0000-0001-6771-4188

Pawel  Swital
Dr., Assistant Professor, Faculty of Law and Administration, Kazimierz Pulaski University in Radom, correspon-
dence address: ul. Boleslawa Chrobrego 31, 26-600 Radom, e-mail: p.swital@uthrad.pl
  https://orcid.org/0000-0002-7404-5143


Keywords:
mediation,
communication,
public
administration,
administrative
procedure,
alternative dispute
resolution


Abstract: Nowadays   solutions are sought for public adminis-
tration to involve citisens in decision-making as one of the ways
of promoting the development  of civil society and thus to fos-
ter democratic forms of government.  Public administration is
looking for efficient methods of resolving administrative dis-
putes. Administrative mediation serving the purpose of ensur-
ing proper communication   between the parties to administra-
tive proceedings is one of such methods. Mediation in public
administration hinges upon  the definition of communication
rules. The aim of this paper is to define communication from
the perspective of legal science and discuss its application in
the administrative mediation proceedings. In this article, we
discuss the essence, the subject matter and the object of medi-
ation as well as the legal regulations governing the mediation
procedure and  consider the possibility of applying mediation
to the administrative procedure, as exemplified by the related
case law. The study has been conducted by means  of the legal
research methods,  in particular the legal-dogmatic approach
and the legal functionalism approach.


This is an open access artide under the CC BY license
                    ISSN 2545-384X (Online)