Why Mediation is Gaining Importance
Overburdened commercial courts, rising litigation costs, and months-long waits for hearings are pushing more businesses toward alternative dispute resolution. Commercial mediation can resolve a dispute in 4-8 weeks instead of 12-24 months of litigation.
Contractual vs. Court-Referred Mediation
Contractual mediation — parties approach a mediator based on a mediation clause. Court-referred mediation — the court refers the case (Art. 183⁸ CPC). A mediation clause doesn't preclude court proceedings.
How Mediation Works
The mediator is a neutral third party — they help the parties reach a settlement. Mediation is confidential (Art. 183⁴ CPC).
Mediation Settlement — Force of a Court Judgment
A court-approved settlement has the force of a final court judgment (Art. 183¹⁵ CPC). Enforcement proceedings can be initiated immediately.
Mediation Costs vs. Litigation
Mediator fees: typically 1-2% of the dispute value. Court fee for filing a claim: 5% of the amount in dispute (up to PLN 200,000).
When Mediation Won't Work
Mediation requires good faith from both parties. It won't work when one party is stalling or the dispute requires a court ruling.
Considering mediation instead of litigation? Book a consultation — I'll help assess whether mediation is right for your dispute.