Mediation and Truth - the Polish Legal Perspective (and beyond)

The article discusses the issue of tensions between the core values of traditional legal proceedings and mediation. The values under study are represented, respectively, by the principle of truth and the principle of amicable dispute resolution. To deepen the considerations regarding these tensions, crucial philosophical concepts of truth are presented. Their usefulness in the fields of law and mediation is analyzed, leading to the conclusion that the classical correspondence theory of truth is suitable for the model of traditional legal proceedings, whereas the pragmatic theory and consensual theory of truth are more easily reconciled with the axiology of mediation. Both theoretical and practical models for addressing the mentioned tension are discussed.