Mediation in Real Estate Disputes as an Element of the State's Economic Security Policy

Marcin Jurgilewicz, Andrzej Misiuk, Robert Dankiewicz, Sabina Grabowska
European Research Studies Journal, Volume XXIV, Issue 3, 1001-1010, 2021
DOI: 10.35808/ersj/2397


Purpose: Mediation is one of the alternative forms of resolving legal disputes. Consider-ing the importance of mediation in shaping social attitudes, and due to the scope of rele-vant possibilities introduced by the Polish legislator into the legal system, in this article we analyze the institution of mediation from the perspective of its application in real es-tate disputes, whose low costs and less formal nature compared to court trials relieve public funds, having a positive impact on the state's economic security policy. Design/Methodology/Approach: The study was carried out using the method of problem analysis and synthesis, and its main goal was to systemize the research field for future studies. Findings: The analysis highlights the enormous potential of mediation as an alternative method of dispute resolution, for real estate disputes. It was found that mediation can be highly beneficial for entities that choose this way of proceeding. This implies not only financial advantage, understood as optimizing the costs of proceedings, but also image-related benefits. Practical Implications: The problems tackled in the article may contribute to increased awareness of alternative dispute resolution methods, especially mediation. The analyses carried out in this paper should be of value to entrepreneurs but also to natural persons who may find themselves in a dispute with real estate entities. Business owners should therefore pay attention to several legal and economic benefits that can be achieved with the use of mediation, especially that its use optimizes the level of the state's economic security policy pursued in this area. Originality: The paper explores the problems of public and economic life that have not been much discussed in the literature in the context of solving real estate disputes. Entities that are unable to dialogue during real estate disputes may show a less conciliatory atti-tude, focused on escalating the conflict and getting their own way, rather than trying to constructively resolve the dispute, a situation which generates additional costs, especially in real estate business transactions, not only for the parties but also for the State Treasury.

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