Mediator

About Mediation

Mediation – is a voluntary, informal, extrajudicial proceeding, aimed at resolving the conflict in a way advantageous for each party, conducted with the support of impartial, truth worthy third party - mediator.

The goal of mediation is coming to an amicable dispute resolving.

Initiating mediation breaks the course of limitation for claims (Art. 123 § 1 item 3 of Civil Code). The course of limitations restarts upon the end of mediation.

Mediator helps the parties in communicating, makes it easier for them to express their needs by showing their interests, finding issues in common. Mediator supports the process of seeking acceptable to parties, legitimate solutions as well as helps in writing down the settlement and providing court approval.

An settlement written before the mediator and approved by the court has a force of court verdict.

Not in any case, the mediation is limiting for the party in possibilities of vindicating claims before the court, neither in case of executing mediation agreement, nor when the party withdraws from mediation, even in the process. However, an settlement being a result of voluntary settling by the parties, enormously increases probability of final dispute resolving and thus eliminating court proceedings.

Mediation falls under legal regulation, in both, international and Polish domestic legal acts. The list of most significant law bills is available on the website of the Ministry of Justice in the tab: „Mediations”. Below please find the link to the list:

http://ms.gov.pl/pl/dzialalnosc/mediacje/publikacje-akty-prawne-statystyki/

Mediation is admissible in all cases, where it’s possible to execute an settlement.

Mediation is absolutely voluntary – the party itself agrees to join the mediation and is able to withdraw at any stage. The parties decide whether or not they want to execute the settlement and what the conditions of such would be.

Mediation is confidential – any information obtained during the process of mediation cannot be used outside of it, especially in court.

Mediator is impartial and neutral – in mediation proceedings the parties are always equal with equal rights. The party has a right to be heard and has a right  to speak freely about the issues addressed by the other party. Mediator does not represent interests of neither of the parties, nor does not stand on the side of neither of them. Mediator supports them with the knowledge, expertise and experience equally. Mediator watches the conditions worked to be realistic and legitimate.