How are mediations regulated in the Code of Civil Procedure?

The regulations on mediation are contained in the provisions of the Code of Civil Procedure (in particular In Article 10 and Articles 1831-18315). In cases in which the conclusion of a settlement is admissible – and these include, m.in, those in the field of labor law – the court strives in each state of the proceedings to settle them amicably, in particular by persuading the parties to submit to voluntary mediation, which may be carried out before the initiation of court proceedings, and with the consent of the parties also in the course of the case.

A mediator may be a natural person (with the exception of a judge) with full legal capacity, fully enjoying public rights. If the parties have not chosen a mediator, the court, when referring the parties to mediation, appoints a mediator with the appropriate knowledge and skills to conduct mediation in cases of a given type. The mediator is obliged to maintain impartiality. Mediation is carried out using various methods aimed at an amicable settlement of the dispute, including by supporting the parties in formulating settlement proposals or at the unanimous request of the parties – indicating ways of resolving the dispute, which, however, are not binding on them.

The mediator is entitled to remuneration and reimbursement of expenses related to the mediation, unless he has agreed to conduct mediation without remuneration. Remuneration and reimbursement of expenses shall be borne by the parties.

When referring the parties to mediation, the court sets the duration of the mediation period for up to three months. At the joint request of the parties or for other important reasons, the time limit for mediation may be extended if this will encourage an amicable settlement of the matter. The duration of mediation is not included in the duration of court proceedings.

A settlement concluded before a mediator, after its approval by the court, has the legal force of a settlement established before the court. If it has been validated by granting it an enforcement clause, it is an enforceable title.

Source: https://poradnikprzedsiebiorcy.pl/-komisja-pojednawcza-czyli-obowiazkowe-mediacje-z-pracownikiem

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