Mediations

Mediation is a form of negotiation conducted with the participation of the dispute parties and a third party who serves as a mediator. Besides negotiations, mediation is the most common method of pre-litigation dispute resolution. Mediation can be conducted at a permanent mediation center offering autonomous mediation procedures or through a mediator appointed by the parties, who will act in accordance with general principles, including those specified in the civil procedure code. Allowing parties broad discretion in the context of mediation procedures permits the adjustment of such procedures according to the needs and conditions of the parties. Mediation may result in a settlement. a settlement reached before a mediator can be approved by a common court (art. 183¹⁴ of the code of civil procedure). In such a case, the settlement has the binding force of a court judgment and can be enforced like a judgment (e.g., through a bailiff).

We analyze the rules for conducting mediation arising from a mediation clause in a contract or the regulations of a permanent mediation center. We assist in formulating additional confidentiality clauses for mediation. We provide advice on the selection of a mediator and the mediation procedure.

We offer guidance to our clients at every stage of mediation. We help with properly substantiating claims and selecting a negotiation strategy. We review draft mediation agreements and assist with their approval by the court and enforcement.

tel: +48 798 265 989 | email: roszczenia@bgbconsult.pl