MEDIATION AGREEMENT UNDER THE JUVENILE SUPPORT AND REHABILITATION ACT: INTERPRETIVE CHALLENGES

Mediation is not a new solution under the provisions regulating the responsibility of minors. This institution was among the provisions of the Act of October 26, 1982 on proceedings in juvenile cases, and it is also included in the provisions of the Act of June 9, 2022 on the support and social reha...

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Bibliographic Details
Main Author: Mariusz Nawrocki
Format: Article
Language:Polish
Published: Ministry of Justice (Poland) 2025-06-01
Series:Probacja
Subjects:
Online Access:http://probacja.com/gicid/01.3001.0055.1502
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Summary:Mediation is not a new solution under the provisions regulating the responsibility of minors. This institution was among the provisions of the Act of October 26, 1982 on proceedings in juvenile cases, and it is also included in the provisions of the Act of June 9, 2022 on the support and social rehabilitation of minors. However, many problems related to the use of this institution have not been solved so far. This text is devoted to an attempt to solve some of these problematic issues, which include the question of whether the parent of a minor, who wants to consent to the child entering into a mediation settlement, must have the permission of the guardianship court based on the provisions of the Family and Guardianship Code, as well as whether the parent can oblige to redress damage caused by a minor when the minor does not conclude such an agreement on his or her own behalf. Another unresolved issue so far is the issue of the proper application of the provisions of the Code of Civil Procedure to mediation agreements concluded by minors and their parents, as well as the reaction of the juvenile court in the event of such an agreement.
ISSN:1689-6122