Development of mediation institute in Poland: genesis and activity experience of the centers

Problem setting. In modern conditions of exacerbation of social problems and increasing social risks in Ukraine, the role of social function of the state, which is also associated with development of the mediation institute in Ukraine, is significantly increasing. Research of mediation problem is quite important and relevant. It makes it possible to improve the institutionalization of the mediation process in Ukraine, to develop and introduce new approaches, mechanisms in the field of public management of social services.

There is no doubt that the development of social mediation services has its own specifics, which necessitates the creation of appropriate mediation centers. Based on this, there is a need to train specialists in this field, develop appropriate training programs, improve the regulatory framework, research and implement the best international practices. Given the above, it is important to research the experience of the formation and development of the mediation institute in other countries, in particular, consider the experience of Poland.

Recent research and publications analysis. Mediation has attracted the attention of researchers of various fields of knowledge, in particular: pedagogy, psychology, law, political science, sociology, public administration. Among domestic researchers it is advisable to pay attention to the works of N. Darahanova. S. Zapara, V. Zemlianska, A. Karshyieva, M. Kostytskyi, S. Kravtsov, Z. Krasilovska, S. Fursa and others. Among Polish researchers a substantial interest in this area cause the works of: E. Bieńkowska, E. Gmurzyńska, R. Morek, J. Młyński, I. Podobas. S. Włodyka and others.

Highlighting previously unsettled parts of the general problem. Despite the considerable interest to mediation in the scientific literature, little has been studied in the field of international experience in the establishment and development of the mediation institution, technology and innovation in the provision of social mediation services, features and mechanisms of mediation centers. The main goal of this article is to research the process of formation and development of mediation institute in Poland, in the context of the formation of its legal and institutional support, to consider the features of the activities of the Polish Mediation Center and its regional branches.

Paper main body. Mediation is not a new phenomenon, it is directly related to the issue of resolving conflicts and disputes that have accompanied humanity since its inception. The development of mediation in Poland begins with the idea of introducing the postulates of restorative justice, which was initiated by a Polish lawyer and sociologist L. Petrażycki. The beginning of the process of institutionalization of mediation in Poland dates back to 1995. Actually, then, in 1995, under the “Patronate” Prison Society (Stowarzyszenie Penitencjarne “Patronat”) a Mediation Implementation Group (Zespoł ds. Wprowadzania Mediacji w Polsce) was established in Poland) As part of its activities, the Group contributed to the creation of mediation centers throughout the country. Formally, mediation was introduced into the Polish criminal system in 1997. However, mediation was carried out only at the preparatory trial stage.

In 2000 the Mediation Implementation Group in Poland was reorganized, then a society was created on its basis: Polish mediation center (Polskie Centrum Mediacji) – a non-governmental organization with mediation branches and offices in Poland. In 2001, there has been established a Family Mediation Pilot Group. (Zespoł Pilotażowy ds. Mediacji Rodzinnych), the main purpose of which was to amend the law, which would allow introducing family mediation into the Polish legal system. The Polish Mediation Center contributed to the creation of the Family Mediators Society (Stowarzyszenie Mediatorow Rodzinnych) and to establishment of the Social Council for Alternative Dispute and Conflict Resolution (Społeczna Rada ds. Alternatywnych Metod Rozwiązywania Sporow i Konfliktow) at the Ministry of Justice of Poland. An important milestone in the development and establishment of mediation institute in Poland was 2005, and it was then that mediation was allowed to be used in civil matters.

Essential for the process of institutionalization of mediation in Poland was provided by the development of mediation standards in Poland, in particular: mediator performance standards and mediation in criminal and juvenile cases; standards for training mediators; standards for mediation and mediator activity.

In general, the mediation institute in Poland has developed quite actively. In the future, the regulatory framework continues to be improved in this area, the network of centers and centers of mediation is expanding, and new technologies and techniques in the field of mediation are being developed.

Conclusions of the research and prospects for further studies. The formation and development of mediation in Poland began in 1995, in particular on the introduction of mediation in the field of restorative justice using mediation of minors. The author's approach to periodization of the formation and development of mediation institute in Poland is proposed, in particular: Stage I: 1995 – 2004; Stage II: 2005 – 2014; Stage III: 2015 – 2024. Based on the main purpose of mediation and the opinions of representatives of Polish science, mediation is a method of resolving the conflict peacefully, through voluntary negotiations with the participation of a mediator. Mediation in Poland is a fairly developed legal institution and one of the most effective alternative ways of resolving conflicts and disputes. Mediation is applied in criminal, civil, family, economic affairs and in the field of social work. In general, the experience of legal regulation and the practice of mediation in Poland is valuable for Ukraine, but it should be used, taking into account domestic characteristics, traditions, the system of law, the development of social institutions and the like.