Mediation in Civil Matters as an Example of the Method Used in Legal Security Management and Optimization of Costs of Proceedings

Jurgilewicz, Marcin; Kmiotek, Krystyna; Dankiewicz, Robert; Misiuk, A.

doi:10.9770/jssi.2019.9.2(18)

Cited by 5 publications

(4 citation statements)

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“…Considering the above, the state's economic security policy should be perceived as solutions put forward by the legislator, which aim to ensure the economic conditions necessary for the efficient functioning of state institutions, including common courts. Therefore, the trend of promoting the idea of mediation and allowing public actors to resolve real estate and other types of legal disputes via this alternative method of conflict resolution is a highly desirable course of action (Jurgilewicz et al, 2019;Wojtaszczyk and Materska-Sosnowska, 2009;Grabowska, 2019b).…”

Section: Discussionmentioning

confidence: 99%

“…Real estate disputes are also part of public and economic life, where mediation could in many cases be successfully applied by settling the conflict not only formally but also by creating a platform for further cooperation. At the same time, the use of mediation in this area is desirable from the standpoint of the state's economic security policy, which is one of the components of state and societal security (Jurgilewicz et al, 2019).…”

Section: Introductionmentioning

confidence: 99%

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

Jurgilewicz¹,

Misiuk²,

Dankiewicz³

et al. 2021

ERSJ

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Purpose: Mediation is one of the alternative forms of resolving legal disputes. Considering the importance of mediation in shaping social attitudes, and due to the scope of relevant 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 estate 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 attitude, 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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Section: Discussionmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

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

Jurgilewicz¹,

Misiuk²,

Dankiewicz³

et al. 2021

ERSJ

Self Cite

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“…The list of indicators is not complete and can be supplemented according to the situation and the needs of economic analysis. In particular, the list can include indicators of the social sphere -social protection and social security (Jurgilewicz et al 2019(Jurgilewicz et al , 2020, the amount of provision of educational services, and the amount of medical care. Also, the indicators required for the analysis may differ depending on the group of regions according to the level of economic security (high, medium, or low).…”

Section: Dependence Of Crisis Dynamics Of Regional Disparities On Reg...mentioning

confidence: 99%

Models for assessing crisis dynamics in disparities of Ukraine’s regional economy to ensure the economic security of regions

Shevchenko

Варналій

Kharlamova

et al. 2023

Journal of International Studies

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The increase in the unevenness of indicators of regional socio-economic development in Ukraine is causing changes in regional economic security, in addition to the deterioration of national welfare. Therefore, there is a need to develop new theoretical and practical approaches for assessing such disparities and forecasting their dynamics. In this article, a toolkit for modelling crises and catastrophes in disparities of regional development is presented, using the example of Ukraine. The purpose of this study is to create models that assess the crisis dynamics in regional disparities in Ukraine, in order to develop tools for ensuring economic security in the region. To achieve this purpose, the following tasks have been identified: to evaluate convergent-divergent processes and the long-term interaction of regional disparity indicators; to simulate possible crises and catastrophes in various spheres of socio-economic development of regions according to the levels of their disparities; and to demonstrate the mutual dependence between disparities of the regions and levels of their economic security. The result of the crisis dynamic assessment is a set of predictive models of possible catastrophes that may occur in Ukraine's regions. This allows for obtaining reliable results for the qualitative analysis of stability factors of disparities in the socio-economic system, accounting for different time intervals that determine the peculiarities of the country's development. The array of constructed models is an effective tool for researching crisis processes in the dynamics of disparity indicators, as they allow for identifying and more thoroughly investigating non-linear cyclical processes in regional economic development, as well as predicting changes in levels of economic security. Such a toolkit allows for the development of a strategy for balanced regional and country development, and for ensuring regional economic security.

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“…In order to prevent this, the issues of responsibility for counteracting systemic threats and responsibility for the consequences of exposing others to such threats need to be redefined by law (see Jurgilewicz 2020;Jurgilewicz, Michalski et. al., 2020;Jurgilewicz, Kmiotek et al, 2019, Jurgilewicz, 2018.…”

Section: Active Model Of Security Managementmentioning

confidence: 99%

Internal Whistleblowing Systems – New Standards for Active Security Management and Protection Against Systemic Risks

Jurgilewicz¹,

Michalski²,

Misiuk³

et al. 2020

ERSJ

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Purpose: The article analyzes contemporary conditions for the emergence of complex systemic threats resulting from the development of the risk industry. The authors are looking for an answer to the question whether the obligatory incorporation of internal whistleblowing systems in organizations producing dangerous products in dangerous processes with the use of dangerous devices would minimize the systemic risks resulting from organized irresponsibility. Design/Methodology/Approach: The research carried out using the problem analysis method was aimed at the initial structuring of the research field and theoretical and conceptual preparation of tools for detailed exploration. Findings: The conducted analysis revealed surprising constellations of interests in keeping security as low as possible. The mutual interactions between the risk industry, security administration and professional science create conditions that are particularly favorable to disasters and unlimited chains of damage. To disrupt these interactions, all organizations with a security impact should be required to install credible internal whistleblowers systems. Practical Implications: The problems presented in the article will contribute to the increased awareness of the hidden dimensions of threats and the need to change the current security paradigm based on the elementarization of threats, linear-deterministic understanding of causality, Cartesian methodical skepticism, computability as the dominant objectivisation strategy, passive responsibility, crisis response and method learning trial and error. Originality: The article problematizes the hitherto unknown contexts of using internal whistleblowing systems.

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Mediation in Civil Matters as an Example of the Method Used in Legal Security Management and Optimization of Costs of Proceedings

Cited by 5 publications

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

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

Models for assessing crisis dynamics in disparities of Ukraine’s regional economy to ensure the economic security of regions

Internal Whistleblowing Systems – New Standards for Active Security Management and Protection Against Systemic Risks

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