Originally from Dispute Resolution Journal

This article summarizes the mediation law, the new code of ethics and standards of conduct for mediators, and looks at mediation usage statistics for the past three years.

Mediation is the newest alternative dispute resolution method to be institutionalized by state law in Poland. One of the first EU Member States to enact a mediation regime for civil and commercial matters,1 the legislation was added to Poland’s Civil Code in 2005 and entered into force on Dec. 10, 2005. Why regulate mediation on a national level? First, mediation laws preserve vital party rights (e.g., protecting confidentiality and tolling the statute of limitations), and make mediation settlements enforceable in the enacting nation’s courts. Second, mediation laws give the process legitimacy vis-à-vis state courts and arbitral tribunals. They also recognize the fundamental freedom of individuals to make their own economic and personal decisions. Third, mediation laws are useful tools that can be used to promote mediation to entrepreneurs and consumers and teach them about the process.

This article summarizes Poland’s mediation statute and then looks at the statistics on the usage of mediation since the law was enacted. These statistics show that mediation needs a greater push from government, lawmakers, lawyers, mediation institutions and the media in order to become a real alternative to arbitration and litigation.