Mediation as an innovative dispute resolution tool based on the example of public organizations

Purpose: The objective of this article is to identify the context of developing mediation in public administration and also to demonstrate its role in problem-solving in that area. On those grounds, the authors attempted at answering the study question: Is the mediation tool widely used in the public administration area and does it facilitate dispute resolution? Design/methodology/approach: To look for evidence enabling to answer the study question, the case study method was used as it was appropriate for the analysis of qualitative phenomena (Grzegorczyk, 2015). Case study enables to formulate conclusions concerning the causes and results of the actual studied phenomenon course. The study undertaken by the Authors is an individual case study where the authors used various techniques and tools for data collection and analysis, i.e. participant observation, document analysis and Internet sources. Findings: Currently, a growing number of proceedings in administration bodies and administrative courts can be observed, but the role of mediation in their resolution is still negligible. An undoubted problem of the administrative mediation is the absence of trust of the public administration bodies, courts and the general public in this conflict resolution form. This is why it is necessary to introduce legislative amendments, educate in this area and promote it. Originality/value: The presented analysis is important as it indicates the role of administrative mediation and the importance of its popularization

Mediation in French administrative courts: what lessons for administrative justice?

In 2016, the French Parliament introduced a new chapter on mediation in the Code of Administrative Justice. To succeed, this reform needs to reverse repeated failures in this field. In view of the significant challenge of embedding administrative mediation in the French administrative justice system, the reform and its implementation were informed by empirical findings arising from a mediation pilot set up by the administrative court of Grenoble in Spring 2013. An empirical study of the pilot and of the experience of rolling out administrative mediation in France forms the core of this article and the context in which to revisit foundational questions about mediation and administrative justice. I argue that mediation is not illsuited to administrative law disputes, but that to be integrated in a system of administrative justice, mediation requires the negotiation of a dedicated environment triggering in turn the emergence of a pluralist administrative justice system.

Administrative mediation data as naturally-occurring records of disputes with neighbours and the unmaking of home

The dwelling as home is imbued with specific meanings for its inhabitants, even while they remain embedded within a broader network of social and spatial relations. One such set of relations are those with neighbours who can enhance sense of home, but also potentially undermine it. This article explores how problematic relations with neighbours can lead to a form of ‘home unmaking’ through the erosion of home as haven, autonomy and status. Drawing on 3930 cases of neighbour disputes in south-east Queensland, Australia, the article illustrates the opportunities afforded by administrative records as naturally-occurring data on everyday experiences of home and its unmaking, as well as the challenges that arise from using datasets never intended for research purposes.

Mediacja jako sposób dochodzenia praw w postępowaniu administracyjnym i sądowoadministracyjnym

The article presents mediation as the basic method of alternative dispute resolution (the so-called ADR), used to resolve conflicts in administrative and judicial-administrative proceedings, and analyses legal regulations regarding mediation in administrative and court-administrative cases. The summary draws attention to the similarities and differences between administrative mediation and court-administrative mediation.

Mediação e Arbitragem Administrativa e Direito do Ambiente: qualquer semelhança é mera coincidência? / Administrative Mediation and Arbitration and Environmental Law: is the similarity a mere coincidence?

Mediação e arbitragem administrativa e Direito do Ambiente: qualquer semelhança é mera coincidência? / Administrative Mediation and Arbitration and Environmental Law: is the similarity a mere coincidence?

Mediation in Belgian Administrative Practice, with Special Focus on Municipal Administrative Sanctions and Urban Planning

Given Belgian legal doctrine, the rise of mediation in other legal disciplines, and the influence of the EU, the call for mediation in administrative practice is increasing in Belgium. The proposed framework for ADR in the legal doctrine at the beginning of this century was the start of the increasing use of mediation in Belgian administrative law. This contribution is a study of these new forms of mediation as they occur in Belgium in the year 2014. On the basis of two examples (mediation in municipal administrative sanctions and urban planning), administrative mediation and the associated problems are outlined.