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  1. 1 Opolskie Studia Administracyjno-Prawne

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  1. 1 2011

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  1. 1 Duszka-Jakimko H.

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Alternatywne formy rozwiązywania sporów – tradycje anglosaskie w kontynentalnej kulturze prawnej

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Duszka-Jakimko H.
Opolskie Studia Administracyjno-Prawne
|
2011
|
vol. IX
81-92
EN
The paper undertakes to sketch the factors which shape the development of alternative, deriving from the culture of common law, forms of settling legal disputes (ADR – Alternative Dispute Resolution) in the Continental culture (of the constituted law). The literature of the subject popularly includes the following modes in the non-adjudicative (out-of-court) methods of ADR: negotiation-based, mediation-conciliatory and arbitral. The paper points to the phenomena of globalization, proceduralization, and – in particular – to that of convergence of legal cultures and the communication-related vision of law as a cause behind the development of ADR in the culture of constituted law. As it follows from the analysis carried out by the author it is the concept of convergence of cultures, together with the negotiation-communication attitude of participation in the culture, which determine the chances, significance and lines of implementation of the idea concerning out-of-court methods of resolving disputes within the tradition of constituted law.
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