Published: 2026-09-25

Making mediation mandatory to bring it into widespread use in Polish civil proceedings

Michał Krakowiak Profil ORCID autora Michał Krakowiak
Zeszyty Prawnicze
Section: Artykuły
DOI https://doi.org/10.21697/zp.2026.26.3.2

Abstract

This study examines mandatory mediation in the following three forms: mandatory mediation prior to the initiation of legal proceedings; mandatory referral of the parties to mediation by the court adjudicating the case; and participation of the parties in a mediation session with a limited opportunity to object to mediation. The impetus for this research was an analysis of statistical data compiled by the Polish Ministry of Justice regarding the volume of cases fled with common courts in civil proceedings and the number of mediation proceedings conducted and concluded between 2021 and 2024 with a settlement. The statistical data leave us in no doubt that currently mediation in Polish civil proceedings is beset by permanent crisis, and existing regulations intended to encourage parties to attempt to settle out of court, such as the waiving of court fees or the qualified formal requirement for the determination prior to proceedings whether the parties have tried mediation or another out-of-court settlement, are not at all effective. This article asks whether compulsory mediation may be compatible with the principle of voluntary mediation, drawing on the views of international scholars, and citing innovative arrangements in Italian law regarding mandatory mediation. The article also discusses and provides a preliminary assessment of the amendments introduced in the Polish Code of Civil Procedure by the Act of 5 August 2025 regarding mediation, including specific provisions on mediation in separate proceedings in commercial cases. These amendments may provide a good starting point for further work to introduce various forms of the obligation to initiate mediation proceedings into the Code of Civil Procedure. The results of this research have contributed to the discussion on the validity and legal grounds for the introduction of aspects of what is known as mandatory mediation into Polish procedural law, a position I advocate.

Keywords:

ADR, mediation proceedings, mediator, settlement

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Krakowiak, M. (2026). Making mediation mandatory to bring it into widespread use in Polish civil proceedings. Zeszyty Prawnicze, 26(3), 31–59. https://doi.org/10.21697/zp.2026.26.3.2

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