Mediator

Mediation Rules

I. GENERAL PROVISIONS:

    1. This Rules apply to all of my mediations. I conduct mediation personally, in the place indicated as my company’s registered office.
    2. Mediation is voluntary. The party participates in mediation of free will and has a right to withdraw from mediation at any time.
    3. Mediation is confidential. The party is not allowed to present in court or arbitration proceedings, or any other any documents, opinions and agreement proposals from mediations, nor to be a witness to facts worked over during mediations. The mediator is obligated to keep a secret any information obtained in relation to the mediation, unless, the parties release them from this obligation.
    4. Mediation could be conducted in either oral or written form, as well as on-line, also when the party does not attend mediation session personally. The selection of the form of mediation very much depends on the circumstances of the case and requires approval of both the parties and the mediator.
    5. Mediation is conducted in Polish. The document of settlement, the report or mediation minutes, are in Polish.
    6. Mediator has a right to refuse to conduct mediation exclusively of significant reasons, and of such they’re obligated to notify the parties immediately.
    7. The only condition of beginning mediation is unsuccessful try of solving the dispute through negotiations.
    8. Mediator conducts mediation pursuant to the standards of Social Council of Alternative Methods of Resolving Conflicts and Disputes with the Ministry of Justice. Below please find the link to the contents of Code of Ethics:

http://ms.gov.pl/Data/Files/_public/mediacje/adr1/kodeksetyczny.pdf

9. During the mediation session, the mediator could meet separately with each party, nevertheless with preservation of impartiality.

10. Third parties approved by the parties may participate in mediation session. Especially there could be a person asked for taking minutes.

11. Legal representatives of the parties have a right to participate in mediation session as advisors in legal matters.

12. Mediator makes efforts for the mediation to finish within 30 days from the party submitting an application for initiating the mediation or from the day of receiving by the party an application for initiating the mediation from the court.

13. Each party is obligated to cooperate with the mediator in good faith.

14. Mediation is not free of charge. The remuneration for the mediator is not result-dependable.

15. The remuneration for the mediator is paid by the parties in half, unless the parties agree otherwise.

16. Each party who is a physical person agrees for processing their personal data for the purposes of mediation and represents such in written form.

17. Personal data is protected pursuant to the Act on Personal Data Protection 

II. SPECIFIC PROVISIONS

18. Mediation proceedings begins:

a)     Upon submission (in oral or written form, or else in a soft copy) by the party at mediator’s an application for mediation (for data please see the form on the website), however initiating mediation depends on providing approval by the other party for participating in mediations and on paying registration fee.

b)     In case when the parties of a contract have introduced an arbitration clause for Dagna Dzidowska, upon paying registration fee.

c)      Upon accepting mediation by the mediator not later than in 7 days from receiving court decision on appointing for mediation.

19. Mediation proceedings consists of initiative information meeting with both parties together, and whenever needed with each party separately, and then  a meeting of everybody. Number of meetings depends on the will of the parties. Each meeting is a subject to a fee. Each session can last up to 2 hours.

20. During the first meeting, the parties sign an agreement with the mediator on conducting mediation, where the remuneration for the mediator, number of meetings, payment terms (which party and with what share incurs the costs of mediation), the way of participating in mediation.

21. Mediation proceedings would normally be conducted by a single mediator.

22.  The mediator draws-up mediation protocol, which along with the settlement (if it’s executed) is being sent to the court. There’s a copy of protocol and settlement for each party. The protocol includes the time and place of conducting mediation as well as personal data of the parties and the mediator, and the results of mediation.

23. Moreover, the court decision on appointing the case for mediation, written approval for personal data processing, an agreement between parties on mediation, application for mediation, approval for mediation, mediation proceedings protocol, settlement – constitute the documentation of the case, which is being stored in archives. The mediator ensures full confidentiality of gathered documentation.

24. The price includes the remuneration for the mediator and returning their justified expenses related to conducting mediation, such as the expenses incurred by the mediator for commuting, notifications, office materials utilized, the lease of office space necessary for holding mediation meeting.

25. Fees related to mediation, the parties pay in cash or to bank account with transfer description „Mediation fee” and names of the parties. Whenever the payment is through bank account, the parties are required to provide payment confirmation.

26. The fees should be paid not later than on the day of each mediation session. At the request of the parties, the mediator provides applicable confirmation.


III. FINAL PROVISIONS

27. Any changes, updates or cancellations to these Rules require written form unless being null and void.

28. These Rules enter into force on May 25, 2018.