Principle of conciliatory settlement of disputes

Z Encyklopedia Administracji Publicznej

PRINCIPLE OF CONCILIATORY SETTLEMENT OF DISPUTES – a general principle of the c.a.p.: public administration bodies in matters the nature of which permits it, strive for amicable settlement of disputable issues and determination of rights and obligations being the subject of the proceedings. This is the case when the nature of the case speaks for it, or if it can be significantly accelerated or simplified, and also when it is not ruled out by another legal provision, in particular by taking steps: 1. that encourage the parties to reach a settlement in matters in which parties with contentious interests participate; 2. that are necessary to carry out mediation. Mediation is a new instrument implemented from 1st June 2017. Its purpose is to clarify and consider the factual and legal circumstances of the case and make arrangements for its settlement within the limits of applicable law, at every stage of the proceedings. This means that a → decision or → administrative settlement may be issued as a result of it [ E. Zielińska ].

Literature: Postępowanie administracyjne [Administrative proceedings], ed. T. Woś, Warszawa 2017.

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