„Do not find fault, find a remedy” (Henry Ford)

Mediation is a conciliatory method of solving disputes with the assistance of an impartial third party (mediator). Unlike procedural methods, it is not focused on the legal aspects of the dispute, but on practical ways to resolve it, and thus, it can be more economical and effective in certain situations than the “traditional” proceedings before a court. Therefore, besides the traditional legal assistance modalities, the Firm also offers mediation services.

General Rules

Polish law allows mediation to be initiated as a result of legal action (e.g. in civil, criminal, administrative and court-administrative proceedings), as well as independently. In the former case, mediation is initiated under an order given by the court or another competent entity in charge of the proceedings, while in the latter, the parties agree to take part in mediation on their own independent initiative, usually by signing a short mediation agreement, whereby they also choose a suitable mediator. In either case, mediation is completely voluntary and may only be conducted if all the parties involved agree to it. Each party may change their mind and withdraw from mediation at any time. The mediator chosen by the parties or by the court to handle the mediation process must be impartial and have no association with any of the parties. In the event of any concerns about their impartiality, the mediator will exclude themselves from the mediation process or may be excluded by any of the parties, who may request a change of mediator or withdraw from the mediation. Mediation proceedings are strictly confidential and never open to the public. None of the information disclosed in the course of mediation may be made public or used against any of the parties, e.g. in subsequent proceedings. The confidentiality obligation applies to the mediator and the parties participating in the mediation process. During mediation, the mediator relies on a variety of different mediation methods and techniques, selecting them to match the specific nature of a particular dispute and the parties’ situation. At initial stages of mediation, the mediator usually focuses on streamlining communication between the parties, e.g. by eliminating negative emotions and getting them to explore acceptable solutions. At later stages, the mediator helps the parties to pinpoint and reconcile their expectations. The proceedings are informal in nature – the parties, along with the mediator and with their assistance, specify the goals, framework and deadlines for particular steps in the process. In general, mediation does not focus on the assessment or legal qualification of the parties’ earlier conduct, it does not determine fault or liability but centers on exploring constructive solutions, eliminating the harmful consequences of the dispute and on warranting relevant protection of the parties’ interests. A mediation-based settlement may be reached in any dispute (without limitations) and may have the same legal power as court or administrative rulings.

Mediation at the Firm

The parties’ mutual will and the confirmed impartiality of the mediator is the basic condition for mediation proceedings to be handled by the Firm. The impartiality principle means that the Firm will not offer mediation in the case of a conflict of interests, e.g. where it has unilaterally provided or is still providing legal assistance to any of the parties to the dispute in a particular case. The mediation process at the Firm is not governed by a fixed framework. The parties, with the assistance of the mediator, set out the scope, objectives and schedule for the process, while complying with the essential rules of mediation (voluntary basis and confidentiality), as well as good practice. These arrangements, like any arrangements concerning the organizational formula of mediator-led sessions and the manner of communication to be used throughout the mediation procedure, are made during initial contacts with the mediator. In the case of conflicts which may only be resolved with the support of specialists from other areas, the Firm’s mediators, with the consent of the parties, enlist the assistance of relevant experts, such as construction specialists, land surveyors and property appraisers.


The Firm offers the assistance of mediators who are legal advisers or attorneys-at-law included in the court list of permanent mediators, who have the qualifications required by the standards of the Social ADR Council to the Minister of Justice to conduct mediation procedures, as well as practical experience in – primarily – civil, administrative and economic cases. They professionally assist the parties in streamlining communication, defining and understanding their goals and in reaching a consensus acceptable to all.

Principal Mediator

Anna Kondratowicz - Ziółkowska, Legal Adviser and Limited Partner specializing in mediation in economic, civil and administrative disputes, included in the list of permanent mediators of the District Court in Warsaw since 07.04.2017 r.

Mediation costs

Mediation costs include the mediator’s fee, agreed with the parties taking into consideration the rates applicable to permanent court mediators. Provisions concerning the amount of such rates, depending on mediation type (in civil, administrative or criminal disputes), are included in:

  • The Regulation of the Minister of Justice of 20 June 2016 on the fees and reimbursable expenses of mediators in civil proceedings.
  • The Regulation of the Minister of Internal Affairs and Administration of 2 June 2017 on the fees and reimbursable expenses of mediators in proceedings before administrative courts.
  • The Regulation of the Minister of Internal Affairs and Administration of 2 June 2017 on the fees and reimbursable expenses of mediators in administrative proceedings.

Under the provisions set out above, the mediator’s fees may range from PLN 150 to PLN 2,000, depending on the complexity of the mediation procedure. The parties usually split the fees in two. No additional fees (e.g. for conference room rental or correspondence handling) are charged where mediation is conducted at the Firm’s offices.In exceptional cases, the parties may set a higher fee for the mediator and the mediator may also forgo their fees.

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