Oсобенности правового регулирования медиации в Беларуси и Польше: сравнительно­‑правовой аспект

Abstract

Goal – this article’s main goal is to provide the differences in the legal regulation of mediation in the Belarusian and Polish legislation, taking into account the identification of comparable comparison criteria, and on their basis to determine the possibility of borrowing of certain rules. Research methodology – the author focuses on the application of comparative jurisprudence as a comparative method of cognition of mediation, in general, and its method of normative comparison by formal legal analysis, in particular. This allowed to identify the unique, typical, general and special in the legal regulation of mediation in the legislation of Belarus and Poland. Score/results – the article includes several sections where based on comparison of Belarusian and Polish legislation the most essential aspects of mediation institution are disclosed: sources of legal regulation; the field and grounds of mediation application; issues of conclusion and execution of mediation agreement. As a result, the trends of legal regulation of the institution of mediation in Belarus and Poland are revealed. Originality/value – the article is the first comparative legal study of the legislation of Belarus and Poland on mediation, has theoretical and practical significance, and contains author’s generalizations and conclusions.