Mediation Proceedings in Poland

Mediation Proceedings in Poland

Mediation is an increasingly popular method of resolving disputes in Poland, particularly in civil, commercial, family, and labor cases. Foreigners wishing to initiate mediation proceedings in Poland should understand its principles and the benefits of this method, especially when the dispute involves a Polish business partner.

What is Mediation in Poland?

Mediation in Poland is a voluntary and confidential process in which two disputing parties, with the help of a neutral mediator, come to an agreement independently. It is an alternative to lengthy and costly court proceedings. The mediator does not impose a solution but assists the parties in reaching a settlement. In Poland, mediation is possible in various types of cases, from civil disputes to family and commercial matters.

Mediation in Commercial Disputes in Poland

Mediation in Poland finds special application in commercial and business disputes, often involving conflicts between companies or contractors. Examples of business disputes that can be resolved through mediation include:

• Disputes over failure to perform or improper performance of contracts.
• Claims for payment arising from commercial contracts.
• Compensation claims for breach of contract terms.
• Conflicts concerning intellectual property rights.
• Issues related to the termination of business cooperation.

Mediation in such cases allows for a quick and less costly resolution, which is particularly important in international relations when one party is a foreigner.

When Can Mediation Be Initiated in Poland?

Mediation can be initiated at any stage of the dispute, either before the matter is brought to court (out-of-court mediation) or during ongoing court proceedings (court mediation). In both cases, the consent of both parties is required to conduct the mediation. This is especially important for foreigners seeking to resolve a conflict with a Polish business partner.

Benefits of Mediation in Poland

Mediation in Poland offers many benefits to both foreigners and Polish business partners. Primarily, it allows for a quick and inexpensive resolution without involving the courts. Moreover:

• Maintaining business relations: Mediation helps preserve good relations between parties, especially in disputes with Polish business partners.
• Confidentiality: Mediation in Poland is confidential, meaning the details of the dispute do not leave the mediation room.
• Flexibility: The parties have control over the choice of mediator and the terms of the settlement.
• Reduction of negative emotions: Mediation helps in understanding the needs of both sides, often reducing the level of conflict.

Mediation Process in Poland

In Poland, mediation proceedings begin with the selection of a mediator, who may be chosen by the parties or appointed by the court. The mediator then contacts the parties to set a date and location for the meeting. During the mediation, the mediator explains the rules and goals of the process, and the discussions are held in strict confidentiality.

Each party can withdraw from the mediation at any time. However, for many foreigners, resolving the dispute without involving the Polish legal system is more advantageous.

Conclusion of Mediation

Mediation in Poland can end with a settlement, signed by both parties. If the mediation was court-ordered, the settlement may be approved by a Polish court, giving it the legal force equivalent to a court ruling. In case no settlement is reached, the parties can continue their claims in court proceedings.

It is worth noting that in Poland, a court-approved settlement can be the basis for enforcement proceedings if one party does not fulfill its obligations.

Costs of Mediation in Poland

Mediation costs in Poland are generally split equally between the parties unless otherwise agreed. The mediator’s fee depends on the type of dispute and its value. In court mediation, the costs are predetermined by law, while in out-of-court mediation, they are negotiated individually.

For foreigners, it is important to note that mediation in Poland is much cheaper than court proceedings. Additionally, if a settlement is reached before the trial begins, the parties may receive a full refund of the court fee.

How to Choose a Mediator in Poland?

In Poland, the mediator can be chosen by the parties or appointed by the court. Choosing the right mediator is crucial, and it is advisable to select someone with experience in the specific type of case. In international disputes, the mediator should be familiar with working with foreigners and understand the Polish legal context.

In this regard, it is worth noting Joanna Susło, an attorney and founder of the SOS Legal law firm, who is a certified mediator in Poland. With her extensive experience in mediating both commercial and civil cases, Joanna Susło can help resolve conflicts with Polish business partners efficiently and effectively. Her practical knowledge of mediation and the Polish legal system makes her an ideal support for foreigners seeking solutions in Poland.

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