Mediation process in business administration. Preliminary issues

The author’s aim is to introduce the principles on which public entities can simplify the process of resolving economic disputes and the role of the court in the mediation process. The question should be posed as to how economic conflicts can be resolved out of court? Does the public economic administration (units of the public finance sector, in particular local and regional authorities) always have to address claims based on a lawsuit filed before a court or are there alternative solutions that do not violate the principles described in the Act of 17 December 2004 on Liability for Breach of Public Finance Discipline (i.e. Journal of Laws of 2024, item 104)? The article answers this question in the affirmative, indicating that it is permissible by law to carry out extrajudicial mediation which does not, in its essence, contravene the principles described by the provisions of the Act of 17 November 1964 - the Code of Civil Procedure or the Act of 17 December 2004 - the Code of Civil Procedure. Code of Civil Procedure or the Act of 11 September 2019. Public Procurement Law which consequently leads to time savings and tangible financial benefits in the budget of the local government.

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Publication Details

Journal
Roczniki Administracji i Prawa
Published
2024-12-31
DOI
https://doi.org/10.5604/01.3001.0054.9703
Primary Topic
Management and Organizational Practices
Type
article
Field-Weighted Citation Impact
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article

Mediation process in business administration. Preliminary issues

Krzysztof Biernat
Roczniki Administracji i Prawa
Management and Organizational Practices
article

Mediation process in business administration. Preliminary issues

Krzysztof Biernat
article en

Abstract

The author’s aim is to introduce the principles on which public entities can simplify the process of resolving economic disputes and the role of the court in the mediation process. The question should be posed as to how economic conflicts can be resolved out of court? Does the public economic administration (units of the public finance sector, in particular local and regional authorities) always have to address claims based on a lawsuit filed before a court or are there alternative solutions that do not violate the principles described in the Act of 17 December 2004 on Liability for Breach of Public Finance Discipline (i.e. Journal of Laws of 2024, item 104)? The article answers this question in the affirmative, indicating that it is permissible by law to carry out extrajudicial mediation which does not, in its essence, contravene the principles described by the provisions of the Act of 17 November 1964 - the Code of Civil Procedure or the Act of 17 December 2004 - the Code of Civil Procedure. Code of Civil Procedure or the Act of 11 September 2019. Public Procurement Law which consequently leads to time savings and tangible financial benefits in the budget of the local government.

Roczniki Administracji i PrawaVol. Specjalny(XXIV)
WSB Merito University in Gdańsk (PL)
Openalex Percentile: Top 55%
Management and Organizational Practices
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