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Summary of the activities of the ADR Council

First term of office 2005-2008

The Council for the Alternative Methods of Disputes and Conflicts Resolution (hereafter called ADR Council) is an advisory body of the Minister of Justice. The ADR Council was created in 2005 on the basis of the ordinance of the Minster of Justice of the 1st of August, 2005 nr. 55/05/DNWO on creation of the voluntary Council for the Alternative Methods of Dispute and Conflicts Resolution. The Minister of Justice creates the Council and appoint its members independently for each term of office.

 

During the first term of office, the ADR Council acted on the basis of the Regulation adopted on November 28, 2005. It is an independent body and the involvement of its members is based exclusively on voluntary work (para. 1 of the Regulation). During its first term of office, the ADR Council consisted of 20 members - representatives of non-profit organizations, academic institutions, governmental agencies, as well as academicians and representatives of practice, appointed by the Minister of Justice (para 3, point 1). The late Janina Waluk*, a pioneer of mediation and restorative justice in Poland, was the first President of the Council. The Presidium of the Council consisted of three other members - two vice presidents-- Agnieszka Rękas and Ewa Gmurzyńska and secretary -- Maciej Tański (para. 4 p. 2).   The President of the ADR Council called plenary meetings quarterly. The ADR Council also worked though the following commissions: Commission for Promotion and Development, Legislative Commission, Commission for Standards of Training and Certification and Commission for Standards of Conducting Mediation and Ethical Code. During the first term of office the members of the ADR Council were appointed by the Minster of Justice for 3 years. 
 
According to the Regulation, the main tasks of the ADR Council  during the first term of office were preparation of the recommendations concerning the rules and functioning of the national system of ADR, particularly:
a) Creation of the network for cooperation between mediators and institutions responsible for implementation of ADR in Poland, according to the European Union law;
b) Preparation of the conduct standards for mediators and standards for conducting mediation;
c) Preparation of the standards for training mediators;
d) Preparation of the ethical code for mediators and other neutrals conducting ADR;
e) Preparation of the main principles of ADR law, including mediation and restorative justice;
f) Promotion of the ADR mechanisms, as methods for conflict resolution;
g) Creation of the institutional environment for development of ADR.
 
During the first term of office the Council prepared and approved the following Standards:
The Standards for Mediators Trainings of October 27, 2007
The Ethical Code of the Polish Mediator of May 19, 2008
Standards for Conducting Mediation of June 26, 2006
 During the first term of office the ADR Council was also involved in promotion of the pledge to mediation. Based on the experience and initiative in other countries (pledge promoted by: International Institute for Conflict Prevention and Resolution CPR, International Trademark Association, pledges initiated by French Minister of Finance among the biggest French companies).   The ADR Council believes that the pledge is an effective tool for promoting a flexible and creative method for resolution of business-related disputes. The pledge for commercial organization is a declaration to use mediation or others ADR methods, when any conflict with participation of the company arises. Its purpose is to show a willingness of commercial entities to apply mediation  or other ADR in any dispute.   The pledge is also promoted among the law firms. The aim of the pledge among law firms is the assurance that their lawyers have sufficient knowledge about mediation and will inform their clients of the possibility to participate in mediation, whenever it is appropriate. The ADR Council was also involved in organizing International Mediation Day (International Conflict and Dispute Resolution Day) which is always celebrated on the third Thursday of October of each year.
 
Second term of office of ADR Council, 2009-2014
 
The Council for the Alternative Methods of Dispute and Conflicts Resolution has been created on the basis of the ordinance nr 24/09/P12 of the Minster of Justice of April 3, 2009. Based on the ordinance the Council adopted the new Regulation of 28 November …. during a special meeting of the Council. There were some changes in the structure and activities of the Council of the second term of office by comparison to the previous term. According to the ordinance of the Minister of Justice the Council consists of 21 members, representatives of the following institutions: Lower Silesian Mediation Center, Foundation Partners Polska, Center for Negotiation and Conflict Resolution of the Institute of the Applied  Social Sciences of the University of Warsaw, Polish Mediation Center, Association of Polish Mediators, Association of Polish Prosecutors; Association of Polish Judges Iusticia, Association of the Family Judges in Poland,   Representative of the Ministry of Justice, Representative of the Ministry of Internal Affairs and Administration, representative of science and practitioners (para. 2 point. 1). Members of the Council are appointed for a term of five years.  
The main tasks of the ADR Council during the second term of office are:
a) Harmonizing the Polish law to the European law,
b) Development of the unified model of the mediation institutions in Polish legal system,
c) Promotion of high standards for mediation proceedings,
d) Promotion of ADR mechanism among the members of the Polish justice system,   law enforcement and society;
e) Creation of an institutional environment to promote and develop different ADR methods
 The Council during its first meeting elects its officials --President of The Council, The Presidium of the Council and special commissions. The following commissions have been formed during the second term of office: The Presidium of the Council consists of: the President, four Vice-presidents, a secretary and a Press secretary. 
 
During the second term the Council elected the following members of the Presidium: Maciej Tański, Zbigniew Czwartosz, Agnieszka Rękas, Ewa Gmurzyńska and Sylwester Pieckowski. Those elected members consecutively, for one year, perform the functions of the President of the Council. During the first year  Mr. Maciej Tański was elected as the President of the ADR Council. Since May of 2010 the functions of the President are being performed by   dr. Zbigniew Czwartosz.  Ewa Gmurzynska performed her duty between May 2010 and April 2011, Sylwester Pieckowski between May 2011 and April 2012. Agnieszka Rękas resigned from the Presidium. The Board elected Jerzy Książek for a vacant place as a new member of the Presidium. Jerzy Ksiązek performs the function of the President presently since May 2012 until April 2014.
 
 The President governs the activities of the Council, or during his/her absence, the Vice-president performs those duties. The Presidium meets at least once quarterly on the initiative of the President. The Meeting of the Council take place at least one quarterly on the initiative of the President, two members of the Presidium or at least five members of the Council. At the invitation of the president of the Council, two members of the Presidium or the   heads of the commissions, invited guest- specialists may participate in the meetings of the Council   in an advisory capacity (Para 14). The Council and the Commissions adopt their opinions in the form of the resolutions, in open ballot by the majority of votes of the members present during the meeting (Para 15). In certain matters the President may order a secret ballot.
 
The following are members of the ADR Council in 2009:
  1. Lower Silesia Mediation Center - dr inż. Elżbieta Popławska-Dobiejewska ;
  2. Foundation Partners Polska - Maciej Tański Foundation Partners Polska
  3. Center for Negotiation and Conflict Resolution of the Institute of the Applied Social Sciences of the University of Warsaw - dr Zbigniew Czwartosz;
  4. Polskich Mediation Center - Jerzy Książek;
  5. Association of Family Mediators - Katarzyna Czayka-Chełmińska;
  6. Association of Prosecutors of the Republic of Poland – prosecutor Małgorzata Piwowarska;
  7. Association of the   Judges of Family Courts – judge Eleonora Porębiak – Tymecka;
  8. Association of the Polish Judges Iusticia –
  9. Ministry of Internal Affairs and Administration - Grzegorz Pietrzak;
  10. Europejska Wyższa Szkoła Prawa i Administracji w Warszawie - prof. Ewa Bieńkowska,
  11. President of the Krajowa Rada Radców Prawnych - mec. Maciej Bobrowicz,
  12. Polish Academy of Science PAN - dr Beata Czarnecka – Dzialuk,
  13. Arbitraztion Court at the   Nataional Chamber of Commerce -  Marek Furtek
  14. Center for Disputes and Conficts Reoslution at the Facaualty of La wand Administration- dr Ewa Gmurzyńska,
  15. Attorbey General Office  - prosecutor Lidia Mazowiecka;
  16. Faculty and Administration, Universisty of Warsaw - dr Rafał Morek,
  17. Polish Associationa of  Stowarzyszenie Sądownictwa Polubownego - mec. Sylwester Pieckowski,
  18. Ministry of Justice -  judge  Agnieszka Rękas
  19. Mediator - Sąd Okręgowy w Gdańsku - Ewa Serocka
  20. Institute of Instytut  Justsice System - prof. Dobrochna Wójcik,
  21. Faculatay of Law and Administrataion , University of Gadnsk - dr Wojciech Zalewski 
O dokumencie
Podmiot udostępniający: Ministerstwo Sprawiedliwości | Wytworzył: Piotr Potrebka | Edytor: Piotr Potrebka
Data wytworzenia: 06.09.2013 | Data dodania: 06.09.2013 14:53 | Data modyfikacji: 06.09.2013 14:54