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Alternative title:

Consensual nature of the procedure as a constitutive feature of ADR

Subject and Keywords:

methods of ADR   civil procedure   criminal procedure   administrative procedure


Consensual importance of the law is an increasingly emerging issue in contemporary reflection on law. Alternative legal dispute resolution with Alternative Dispute Resolution — ADR, which includes the basic methods of negotiation, mediation, conciliation and arbitration, is one of the manifestations of this thought. This article, highlighting the various methods of ADR, shows the importance of the consensual nature of the procedure as one of the constitutive conditions of the agreement which was the basis for legitimizing solutions in a legal dispute within the ADR. The article takes into account the Polish legal system, extracts and presents different criteria, such as subjective criteria, jurisdiction, the degree of formalization of procedures, grounds for jurisdiction, of the power and coercion, making references, comparatively, to the court procedures and ADR procedures. The wording of the above criteria allows to determine the ADR procedures as consensual procedures, based on the agreement of free, independent entities, as well as on certain values and conditioned by a legal culture.

Place of publishing:



Wydawnictwo Uniwersytetu Wrocławskiego

Date issued:


Date copyrighted:


Resource Type:



ISSN 0239-6661   ISSN 0137-1134


pol   eng


Acta Universitatis Wratislaviensis, ISSN 0239-6661, No 3542. Przegląd Prawa i Administracji 2013, 94, s. 57-77

Is version of:

Czasopismo Naukowe w Sieci (CNS)

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Copyright by Wydawnictwo Uniwersytetu Wrocławskiego Sp. z o.o.