Mediation

Mediation is a voluntary process by which a neutral third party called a mediator helps people in conflict negotiate a mutually acceptable agreement. The parties to the mediation control the outcome. The proceedings may be initiated by the parties or may be proposed or ordered of the court. Our experts include mediators with extensive experience who provide the parties with professional support throughout the mediation process. The task of our mediators is to provide assiatance in reaching an agreement by means of, amongst others: making it easier for the parties to talk, easing tensions during negotiations and guiding appropriate questions. We help the parties establish an agreement and restore mutual trust.

Principles of mediation

• Voluntary – the parties voluntarily agree to participate in mediation proceedings. Consent may be withdrawn at any stage of mediation by either party;
• Impartiality – parties in mediation have equal rights and should be treated equally. Our mediators are free from prejudices and do not favor any of the participants in the dispute;
• Confidentiality – the mediator, parties and other persons involved in mediation proceedings are obliged to keep confidential the facts that they have learned about mediation;
• Neutrality – our mediators do not impose on the parties their own proposals for solving a dispute, the agreement is worked out by the parties themselves, and only on the basis of a mutual request from the parties, the mediator can indicate ways to resolve the dispute.

Why is mediation worth using?

• provides the parties with the opportunity to decide the final outcome of the proceedings,
• increases the guarantee of a permanent end to the conflict,
• allows parties to develop an acceptable solution to the problem, tailored to their individual needs and expectations,
• contributes to shortening the duration of court proceedings (average duration of the trial is 395 days, mediation lasts 1-2 days),
• ensures an equal position for all parties to a dispute,
• enables the ability to look at the dispute from a different perspective, to get the parties to consider the problem from the point of view of the other party,
• ensures higher effectiveness of the agreement being implemented, because the parties have resolved it themselves they also feel responsible for their implementation,
• contributes to the reduction of costs related to court proceedings,
• the settlement concluded before the mediator, after its approval by the court, has the legal validity of the settlement concluded before the court,
• the settlement concluded before the mediator, which was approved by granting it the enforcement clause, is the enforceable title in the case, on the basis of which enforcement proceedings can be conducted,
• the settlement before the mediator and its approval by the court ends the legal proceedings.

Mediation costs

In contractual mediation, the remuneration of the mediator is set out in the mediation agreement and the individual is usually determined depending on the value of the subject of the dispute in case.

In mediation conducted as a result of referral by the court, the costs of mediation are specified in the Regulation of the Minister of Justice of 20 June 2016 on the amount of remuneration and reimbursable expenses of the mediator in civil proceedings (Journal of Laws 2016.921). Our experts will help determine how much the remuneration of the mediator will be depending on the value of the subject of the dispute and what expenses incurred in connection with the mediation will be subject to repayment.

In what cases do we mediate?

In all. Mediation is possible in all civil cases in which the provisions allow a settlement. Our Law Firm specializes in mediation in matters related to:

• civil law (e.g. for payment, division of inheritance, terminating of co-ownershipthe, claims for damages),
• family law (e.g. determination of parental authority, contact with children, division of property maintenance),
• commercial law (e.g. for payment, performance of contracts, non-conformity of goods with the contract, claims of shareholders),
• public procurement,
• labor law and social security,
• administrative law.