Mediation in polish legal system
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Regulations ( The Polish Civil Code)
Article 183-1
§ 1.
Mediation is voluntary.
§ 2.
Mediation is conducted on the basis of a mediation agreement or a court decision directing the parties to engage in mediation. An agreement can also be made if a party consents to mediation when the other party has submitted the request referred to in Article 183-6 § 1.
§ 3.
In a mediation agreement, the parties specify in particular the subject of the mediation and the mediator or method of selecting the mediator.
§ 4.
Mediation is conducted before proceedings are initiated, and, with the parties’ consent, during a court case as well.
Article 183-2
§ 1.
A mediator must be a natural person having full capacity to perform acts in law and enjoying full civil rights.
§ 2.
A judge cannot be a mediator. This does not apply to retired judges.
§ 3.
Social and professional organisations can keep lists of regular mediators and create mediation centres. A mediator must consent in writing to be entered on such a list. Information on lists of regular mediators and mediation centres is presented to the chairman of the regional court.
§ 4.
A regular mediator may refuse to mediate only for important reasons, of which he/she is obliged to inform the parties and the court (if a court has directed the parties to mediate) without delay.
Article 183-3
A mediator should be impartial when mediating.
Article 183-4
§ 1.
Mediation proceedings are not open to the public.
§ 2.
A mediator is obliged to keep confidential the facts he has learnt while mediating, unless the parties release him from this obligation.
§ 3.
It is ineffective during proceedings before a court or arbitral tribunal to refer to proposals of settlement, proposals of mutual concessions or other declarations made in mediation proceedings.
Article 183-5
A mediator has the right to receive remuneration and be reimbursed for expenses connected with conducting mediation, unless he has agreed to mediate free of charge. The parties shall bear the cost of the remuneration and reimbursement of expenses.
Article 183-6
§ 1.
Mediation is initiated by a party the moment a request to mediate is delivered to a mediator, with evidence attached that a copy of this has been delivered to the other party.
§ 2.
In spite of the delivery of the request referred to in § 1, mediation shall not be initiated if:
- a regular mediator, within a week of having the request to mediate delivered to him, refuses to mediate,
- the parties conclude a mediation agreement in which they indicate a person who is not a regular mediator as their mediator, and that person, within a week of having the request to mediate delivered to him, refuses to mediate,
- the parties conclude a mediation agreement without indicating a mediator and the person which a party has requested to mediate, within a week of having the request to mediate delivered to him, does not agree to mediate, or the other party, within a week, does not agree to the mediator,
- the parties did not conclude a mediation agreement, and the other party does not agree to mediation.
Article 183-7
A request for mediation shall name the parties, precisely specify the relief requested, the circumstances warranting it, bear the signature of the party, and enumerate the attachments. If the parties concluded a mediation agreement in writing, a copy thereof should be attached to the request.
Article 183-8
§ 1.
A court can direct parties to mediate until the closing of the first session set aside for a hearing. After that session is closed, a court can only direct parties to mediate upon an agreed request by the parties.
§ 2.
A court can direct parties to mediate only once during proceedings.
§ 3.
A decision can be issued at a session held in camera. Mediation shall not take place if a party does not agree to mediation within a week of the day on which the decision on directing the parties to mediate is announced or delivered to it.
§ 4.
§ 1 shall not apply to cases heard in payment-order, writ-of-payment or simplified proceedings.
Article 183-9
When directing parties to mediate, the court designates a mediator; however, the parties can choose another mediator. At the agreed request of the parties, the court can authorise a mediator to acquaint himself with the case files.
Article 183-10
§ 1.
When directing parties to mediate, the court sets the duration of the mediation as being up to one month, unless the parties have jointly requested that a longer period be set for the mediation. During the mediation, its duration can be extended upon the agreed request of the parties.
§ 2.
The chairman shall set a date for a hearing after the lapse of the period referred to in § 1, but before its lapse if even one of the parties declares that it does not agree to mediation.
Article 183-11
The mediator shall set a date and place for a mediation session without delay. Arranging a mediation session shall not be necessary if the parties agree to mediation without a mediation session.
Article 183-12
§ 1.
A report on the mediation shall be prepared, in which the place and time of the mediation shall be stated, as well as the first names, surnames (business names) and addresses of the parties, the first name, surname and address of the mediator, and also the result of the mediation. The mediator shall sign the report.
§ 2.
If the parties conclude a settlement before the mediator, the settlement shall be included in the report or attached to it. The parties shall sign the settlement. If signing a settlement is impossible, the mediator shall state so in the report.
§ 3.
The mediator shall deliver a copy of the report to the parties.
Article 183-13
§ 1.
After a settlement has been concluded, the mediator shall without delay submit the report to the appropriate court for hearing the case in terms of general or exclusive jurisdiction.
§ 2.
If a court has referred a case for mediation, the mediator shall submit the report to the court hearing the case.
Article 183-14
§ 1.
If a settlement has been concluded before a mediator, the court referred to in Article 183-13 shall, at the request of a party, without delay conduct proceedings regarding confirmation of the settlement concluded before the mediator.
§ 2.
If a settlement is subject to performance by enforcement, the court shall confirm it by appending an enforcement clause to it; otherwise, the court shall confirm the settlement in a decision in a session held in camera.
§ 3.
The court shall refuse to append an enforcement clause or confirm a settlement concluded before a mediator in whole or in part if the settlement is not in compliance with the law or the principles of social co-existence, or is aimed at circumventing the law, and also if it is incomprehensible or contains contradictions.
Article 183-15
§ 1.
A settlement concluded before a mediator, after its approval by a court, has the legal force of a settlement concluded before a court.
§ 2.
The provision of § 1 shall not override the provisions on the particular form of legal act.
Sources:
https://www.gov.pl/web/free-aid/unpaid-mediation