MEDIACJA I ARBITRAŻ JAKO PRZYKŁAD INTERWENCJI TRZECIEJ STRONY W NEGOCJACJACH GOSPODARCZYCH

Abstract

The Author in her article analyses mediation and arbitration processes in order to present all factors that characterize both of these forms of intervention of a third part and, against this background, carries out a comparison of them. The point of the interest here is to establish a possibility of using mediation and arbitration in Polish market economy circumstances. Having appeal to graphic means the Author visualizes connections between the mediation process and negotiations; particular phases of mediation as well as of negotiations are described. An analysis of a model of an effective mediator entered too the area of interest of the Author; a characterization of such a model as seen by several other researches is given. In what concerns the arbitration we can find a comparison of this solution with the mediation and with a trial. An analysis of advantages and disadvantages of arbitration as a method of settlement of a litigation is also an important point of the article.