Originally from Dispute Resolution Journal

Eastern Europe cannot be ignored when it comes to alternative dispute resolution, including mediation. Poland is one of the first EU Member States, the first in Eastern Europe, to enact detailed legislation on mediation in civil and commercial cases. This article discusses the provisions of the new Polish law in light of the requirements of the Proposed European Directive on Mediation.

On Oct. 22, 2004, the European Commission (EU) issued a Proposed Directive on Mediation for civil and commercial matters to be implemented by all Member States (except Denmark) by Sept. 1, 2007, at the latest. On June 9, 2005, the European Economic and Social Committee delivered its supporting opinion and on Dec. 2, 2005, the EU Council of Ministers “reached a common understanding on the text of a draft Directive on mediation in civil and commercial matters, subject to the definition of cross-border crisis and the application of the principle of subsidiarity.”1 The European Parliament has not yet delivered its opinion at first reading.2 Poland is one of the first EU Member States to enact detailed legislation on mediation in civil and commercial cases. The Law of July 28, 2005 (Polish Mediation Law), which introduced mediation as a separate part of Poland’s Civil Procedure Code,3 entered into force on Dec. 10, 2005. This article compares the Polish Mediation Law with the proposed EU Mediation Directive.