You have the right to mediation

You don't have to bring every dispute before court - choose mediation!

In mediation it is the parties who decide

An impartial mediator will help you solve your dispute

Mediation is faster, cheaper and less stressful than trial

A settlement, once approved by court, has the effects of judgement

Search for a mediator on the regional court's website

File a request for mediation

Be active in your case - decide about the method of dispute resolution

Civil case mediation - Information on mediation proceedings in civil cases

 

Mediation is a voluntary, confidential method of solving a dispute, wherein parties to a conflict or dispute themselves reach agreement, with the assistance of an impartial and neutral mediator. The use of mediation is possible in all cases in which the law allows to reach a settlement. Mediation interrupts the limitation period.  The mediation may regard, for example, payment claims, termination of joint ownership, labour-related cases, termination or default of contract,  division of matrimonial property, inheritance division and matters of neighbour disputes.


Benefits of mediation

 

  • Mediation gives the parties, including entrepreneurs, a chance for a quick, cheap and definitive solution to their dispute in the form of an amicable settlement.
  • Mediation also allows them to maintain their relationship.
  • Mediation allows them to keep their positive image.
  • Mediation promotes taming negative emotions and understanding their needs and the needs of the other party, thereby reducing psychological stress associated with a conflict situation.


How a case is referred to be decided in mediation?

 

  • Mediation can be carried out before bringing the case to court, or after initiation of the proceedings - under a court order.
  • In any case, the prerequisite for mediation is consent by the parties.
  • Either party may file a request for mediation at any stage of judicial proceedings.

 

Who chooses a mediator?

 

  • A mediator is chosen jointly by the parties or the court appoints him/her from the list of permanent mediators.

 

How long does it take to proceed mediation?

 

  • Mediation proceedings that took place under a court's decision should not take more than three months, but it may be extended at joint request of the parties.


How is a mediation process carried out?

 

  • Having received the court's decision, the mediator contacts the parties, setting a date and place of the meeting.
  • The mediator explains the rules and the course of the mediation process and asks if parties agree to mediation.
  • Mediation is a conversation between the parties in the presence of a mediator.  Individual meetings between the mediator and each party may also be held.
  • Parties may withdraw from mediation.
  • A mediation process is confidential. Mediator may not disclose information from mediation to any third party.
  • Minutes from mediation do not include any opinions or positions of the parties.
  • Mediator may not testify as a witness for the facts he/she learned about in connection with the mediation, unless the parties relieve him/her from the obligation to keep confidentiality of the mediation process.


How can mediation be concluded?

 

  • Mediation can result in a settlement worked out together, which is signed by the parties.
  • The mediator shall deliver the parties a copy of the minutes.
  • The mediator forwards the minutes and settlement, if concluded, to the court.
  • A court-approved settlement has legal force of a settlement concluded before court and ends the proceedings.
  • Court does not approve a settlement if it is contrary to the law or the rules of social life or is  intended to circumvent the law, as well as when it is confusing or contradictory.
  • If a settlement which has been made enforceable is not executed, it may be referred for execution by enforcement officers.
  • In the absence of a settlement, the parties may assert their rights in judicial proceedings.


How much does mediation cost?

 

  • The cost of mediation is borne by the parties.  It is usually paid in half, unless the parties agree otherwise.
  • In mediation proceedings initiated under a court order, the mediator's remuneration in non-property related cases is PLN 150 for the first mediation meeting, and PLN 100 for each subsequent meeting (in total: max. PLN 450).  If the proceedings relate to property rights, the remuneration of a mediator is 1% of the amount in dispute (no less than PLN 150 and no more than PLN 2000 for the whole mediation).  Mediator will also be reimbursed for expenses incurred in carrying out the mediation, including room rental fee of PLN 70 per meeting. The VAT will be added to costs of mediation.
  • Regardless of result of the case, the court may order a party to pay costs caused by an unreasonable refusal to participate in the mediation previously agreed with the party.
  • If there is a settlement signed as a result of mediation, the party will be reimbursed for 75% or even 100% of the court fee paid when bringing the case to court.
  • In the case of mediation initiated under a court order, the remuneration of a mediator and reimbursement of his/her expenses result from pricing of the mediation centre concerned or the parties agree on it together with the mediator before mediation.

Commercial case mediation - Information on mediation proceedings in commercial cases

 

Mediation is a voluntary, confidential method of solving a dispute, wherein parties to a conflict or dispute themselves reach agreement, with the assistance of an impartial and neutral mediator. The use of mediation is possible in all cases in which the law allows to reach a settlement. Mediation interrupts the limitation period. The mediation may regard, for example, payment claims, termination of joint ownership, termination or default of contract.


Benefits of mediation

 

  • Mediation gives the parties, including entrepreneurs, a chance for a quick, cheap and definitive solution to their dispute in the form of an amicable settlement.
  • Mediation also allows them to maintain their relationship.
  • Mediation allows them to keep their positive image.
  • Mediation promotes taming negative emotions and understanding their needs and the needs of the other party, thereby reducing psychological stress associated with a conflict situation.


How a case is referred to be decided in mediation?

 

  • Mediation can be carried out before bringing the case to court, or after initiation of the proceedings - under a court order.
  • In any case, the prerequisite for mediation is consent by the parties.
  • Either party may file a request for mediation at any stage of judicial proceedings.

 

Who chooses a mediator?

 

  • A mediator is chosen jointly by the parties or the court appoints him/her from the list of permanent mediators.

 

How long does it take to proceed mediation?

 

  • Mediation proceedings that took place under a court's decision should not take more than three months, but it may be extended at joint request of the parties.


How is a mediation process carried out?

 

  • Having received the court's decision, the mediator contacts the parties, setting a date and place of the meeting.
  • The mediator explains the rules and the course of the mediation process and asks if parties agree to mediation.
  • Mediation is a conversation between the parties in the presence of a mediator.  Individual meetings between the mediator and each party may also be held.
  • Parties may withdraw from mediation.
  • A mediation process is confidential. Mediator may not disclose information from mediation to any third party.
  • Minutes from mediation do not include any opinions or positions of the parties.
  • Mediator may not testify as a witness for the facts he/she learned about in connection with the mediation, unless the parties relieve him/her from the obligation to keep confidentiality of the mediation process.


How can mediation be concluded?

 

  • Mediation can result in a settlement worked out together, which is signed by the parties.
  • The mediator shall deliver the parties a copy of the minutes.
  • The mediator forwards the minutes and settlement, if concluded, to the court.
  • A court-approved settlement has legal force of a settlement concluded before court and ends the proceedings.
  • Court does not approve a settlement if it is contrary to the law or the rules of social life or is  intended to circumvent the law, as well as when it is confusing or contradictory.
  • If a settlement which has been made enforceable is not executed, it may be referred for execution by enforcement officers.
  • In the absence of a settlement, the parties may assert their rights in judicial proceedings.


How much does mediation cost?

 

  • The cost of mediation is borne by the parties.  It is usually paid in half, unless the parties agree otherwise.
  • In mediation proceedings initiated under a court order, the mediator's remuneration in non-property related cases is PLN 150 for the first mediation meeting, and PLN 100 for each subsequent meeting (in total: max. PLN 450).  If the proceedings relate to property rights, the remuneration of a mediator is 1% of the amount in dispute (no less than PLN 150 and no more than PLN 2000 for the whole mediation).  Mediator will also be reimbursed for expenses incurred in carrying out the mediation, including room rental fee of PLN 70 per meeting. The VAT will be added to costs of mediation.
  • Regardless of result of the case, the court may order a party to pay costs caused by an unreasonable refusal to participate in the mediation previously agreed with the party.
  • If there is a settlement signed as a result of mediation, the party will be reimbursed for 75% or even 100% of the court fee paid when bringing the case to court.
  • In the case of mediation initiated under a court order, the remuneration of a mediator and reimbursement of his/her expenses result from pricing of the mediation centre concerned or the parties agree on it together with the mediator before mediation.

Penal case mediation - Information about mediation proceedings in criminal cases


Mediation is a voluntary way of solving problems caused by crime, via arrangements between victim and suspect or defendant, with the assistance of a mediator. Mediation can cover all types of offences.


What are the benefits of mediation for a victim of crime?

  • Opportunity to influence the solution of problems resulting from the offence on terms proposed by the victim.
  • Opportunity to express emotions, to comment on effects of the offence and expectations towards the suspect or accused.
  • Chance to quickly obtain a remedy or compensation for the damage suffered and an apologies.


What are the benefits of mediation for a suspected or accused?

 

  • Opportunity to communicate with the victim as to the manner and timing of remedy or compensation for damage suffered and apologies.
  • Faster closing criminal proceedings, and consequently faster expungement of criminal record.
  • Reduction of the cost of criminal proceedings.
  • Chance to be treated more leniently by the court.

How a case is referred to be decided in mediation?

  • A case may be referred to mediation at the stage of proceedings conducted by the police or a prosecutor and after bringing the case to court.
  • A case is referred to mediation by the police, a prosecutor or a court, under a decision appointing the mediator.
  • The referral of the case to mediation is possible with the consent of the victim and the suspect or accused.
  • The victim and suspect or accused person shall have the right to request that the case be referred to mediation.


How long does it take to proceed mediation?


The mediation proceedings should last no longer than a month.


How is a mediation process carried out?

  • Upon receipt of the decision on referring the case to mediation, the mediator shall contact the suspect or accused and the victim and explains to them the aims of mediation proceedings, as well as inform them of their rights.
  • If the suspect or accused and the victim decide to participate in mediation, they choose the manner of proceeding either directly ("face to face" meeting) or indirectly (without personal contact); then the mediator meets each of the participants in private, communicating positions and expectations regarding terms of the settlement.
  • Mediation is conducted in a neutral and confidential manner.


How can mediation be concluded?

 

  • Mediation can be concluded with a settlement worked out together, or without such a settlement.
  • Mediator sends to the police, prosecutor or court a mediation report with the settlement attached, if such settlement was made.


What are the effects of a settlement made as a result of mediation?

 

  • A settlement made as a result of mediation does not close the criminal proceedings.
  • Prosecutor, when deciding to refer the case to court, as well as court in its judgement, shall take into account content of the settlement agreed as a result of mediation.
  • In the cases initiated under private prosecution, mediation can be an alternative to compulsory conciliation meeting held by the court.
  • Mediation proceedings are free of charge for the parties - the cost is borne by the Government.

 

Family mediation - Information on mediation procedure in family matters, cases of divorce and separation


Mediation is a voluntary, confidential method of solving a dispute, wherein parties to a conflict or dispute themselves reach agreement, with the assistance of an impartial and neutral mediator. Topics discussed during mediation depend on the will of its participants.  A settlement may cover the following matters: reconciliation between spouses, determination of terms of split-up, manner of exercising parental authority, contact with children, manner of meeting the needs of the family, child support and maintenance, and property and housing issues.  In a consensual manner one can also regulate such issues as passport issuance, choice of child's education, contact with extended family or child's property management.


Benefits of mediation

 

  • Mediation allows the parties themselves to decide on how they want to arrange the relationship between parents and children after split-up.
  • Mediation conduces reduction in the level of negative emotions and  understanding the needs, both one's own and of the other person, and thereby reduces psychological stress associated with conflict situations.
  • How a case is referred to be decided in mediation?
  • Mediation can be carried out before bringing the case to court, or after initiation of the proceedings - under a court order.
  • In any case, the prerequisite for mediation is consent by the parties.
  • Either party may file a request for mediation at any stage of judicial proceedings.


Who chooses a mediator?

 

  • A mediator is chosen jointly by the parties or the court appoints him/her from the list of permanent mediators.

 

How long does it take to proceed mediation?

 

  • Mediation proceedings that took place under a court's decision should not take more than three months, but it may be extended at joint request of the parties.


How is a mediation process carried out?

 

  • Having received the court's decision, the mediator contacts the parties, setting a date and place of the meeting.
  • The mediator explains the rules and the course of the mediation process and asks if parties agree to mediation.
  • Mediation is a conversation between the parties in the presence of a mediator. Individual meetings between the mediator and each party may also be held.
  • Parties may withdraw from mediation.
  • A mediation process is confidential. Mediator may not disclose information from mediation to any third party. Minutes from mediation do not include any opinions or positions of the parties. Mediator may not testify as a witness for the facts he/she learned about in connection with the mediation, unless the parties relieve him/her from the obligation to keep confidentiality of the mediation process.


How can mediation be concluded?

 

  • Mediation can result in a settlement worked out together, which is signed by the parties.
  • In divorce and separation cases, mediation can result in reconciliation or agreement between the spouses, or working out consistent positions for the trial.  They form the basis for the court to decide the case.
  • The mediator shall deliver the parties a copy of the minutes.
  • The mediator forwards the minutes and settlement, if concluded, to the court.
  • A court-approved settlement has legal force of a settlement concluded before court and ends the proceedings.
  • Court does not approve a settlement if it is contrary to the law or the rules of social life or is  intended to circumvent the law, as well as when it is confusing or contradictory.
  • If a settlement which has been made enforceable is not executed, it may be referred for execution by enforcement officers.
  • In the absence of a settlement, the parties may assert their rights in judicial proceedings.


How much does mediation cost?

 

  • The cost of mediation is borne by the parties. It is usually paid in half, unless the parties agree otherwise.
  • In mediation proceedings initiated under a court order, the mediator's remuneration in non-property related cases is PLN 150 for the first mediation meeting, and PLN 100 for each subsequent meeting (total: max. PLN 450). If the proceedings relate to property rights, the remuneration of a mediator is 1% of the amount in dispute (no less than PLN 150 and no more than PLN 2.000). Mediator will also be reimbursed for expenses incurred in carrying out the mediation, including room rental fee of PLN 70 per meeting. The VAT will be added to costs of mediation.
  • Regardless of result of the case, the court may order a party to pay costs caused by an unreasonable refusal to participate in the mediation previously agreed with the party.
  • In a divorce or separation case, if it comes to reconciliation between the parties before the court of first instance and the withdrawal of the lawsuit, a party receives a 100% refund of the court fee paid by the party when bringing the case to court. If reconciliation between the parties took place by the end of the proceedings before the court of second instance, a party receives 50% refund of the fee paid on appeal.
  • In the case of mediation initiated under a court order, the remuneration of a mediator and reimbursement of his/her expenses result from pricing of the mediation centre concerned or the parties agree on it together with the mediator before mediation.
Strona internetowa została utworzona w ramach projektu „Propagowanie alternatywnych metod rozwiązywania sporów” finansowanego ze środków funduszy norweskich oraz środków krajowych