Entrepreneurs cooperate with each other for economic purposes, but it happens that their interests turn out to be contradictory. For this reason, conflicts between contractors are inevitable. In order to assert his rights in court, the entrepreneur is afraid that the litigation will be lengthy and its costs will be high. Not without significance is also the issue of image and the possibility of further cooperation. Meanwhile, the legislator provided for the possibility of resolving the conflict through mediation. Mediation is about resolving conflicts based on dialogue, and it is also much faster and cheaper.

Mediation is one of the voluntary ways of resolving conflicts. Entities decide to attempt mediation when their goal is not only to obtain a favorable solution for themselves, but above all to clarify the disputed issues and establish an agreement. It should be emphasized that joining mediation does not involve the obligation to conclude a settlement. Nor does it preclude a party’s right to assert its rights before a court. Mediation takes place with the consent of both parties, and the settlement reached during it is the result of the consensus reached. Currently, the plaintiff is obliged to indicate in the lawsuit whether the parties to the dispute have previously attempted mediation.

Mediation can resolve disputes concerning cases in which a settlement is permissible. The subject of the settlement may only be a civil case for which court proceedings are admissible. In addition, the subject matter of the settlement may not exceed the limit of the availability of the parties. This means that it is not possible to reach a settlement in a matter that the parties cannot decide.

In particular, a settlement may not be concluded:

• if the case does not go to court;
• if the case is excluded from national jurisdiction, and
• in proceedings in matters of social security.

Counterparties in dispute may decide to mediate before or during the trial. They may also be referred to mediation by the court.

Mediation is initiated on the basis of a previously concluded mediation agreement or at the request of one of the parties to the mediator, after the other party has agreed to mediation or on the basis of a court decision to refer the parties to mediation.

The basic principles of mediation proceedings are:

• voluntary – mediation takes place with the consent of the parties, in addition, they have the right to withdraw from mediation at any stage;
• impartiality – the mediator should be impartial in conducting mediation;
• confidentiality – the course of mediation is confidential. Pursuant to Article 259(1) of the Code of Civil Procedure, a mediator may not be a witness as to facts of which he or she has become aware in connection with the conduct of mediation, unless the parties release him from the obligation to maintain the secrecy of mediation. If no settlement is reached, the parties may not rely on statements and proposals made to the mediator during further proceedings.

It should be emphasized that, in accordance with Article 123 § 1 point 3 of the Civil Code, the initiation of mediation interrupts the limitation period for the claim. It should be pointed out that after each interruption of the limitation period, it runs anew. However, if the limitation period is interrupted by an act in proceedings before a court or other body appointed to hear cases or enforce claims of a given type either before an arbitration court or by initiating mediation, the limitation period does not run again until the proceedings have been concluded. This means that the limitation period should be calculated from the date of termination of mediation. If it ended in a settlement, the claim stated in it expires after ten years, even if the limitation period for such claims was shorter. If the claim thus established includes periodic benefits, the claim for periodic performance due in the future shall be subject to a three-year limitation period.

Source: https://poradnikprzedsiebiorcy.pl/-czym-jest-mediacja-i-w-jakich-przypadkach-nalezy-ja-zastosowac

Projekt otrzymał dofinansowanie z Norwegii poprzez Fundusze Norweskie 2014-2021, w ramach programu „Dialog społeczny – godna praca”.