Some basic information about Mediation:
What is Mediation?
Mediation is a voluntary dispute resolution process in which a neutral mediator helps the parties reach an agreement. It allows for open communication and a joint search for beneficial solutions without the need for court proceedings.
Mediator does not impose decisions, but supports negotiations, ensuring impartiality and confidentiality of talks.
Mediation works well in family, business, neighborhood and civil conflicts. Its main advantages are time savings, lower costs and lasting agreements resulting from the mutual consent of the parties.
What is Mediation?
Mediation is a voluntary dispute resolution process in which a neutral mediator helps the parties reach an agreement. It allows for open communication and a joint search for beneficial solutions without the need for court proceedings.
Mediator does not impose decisions, but supports negotiations, ensuring impartiality and confidentiality of talks.
Mediation works well in family, business, neighborhood and civil conflicts. Its main advantages are time savings, lower costs and lasting agreements resulting from the mutual consent of the parties.
Types Mediation:
Mediation is divided into several main types depending on the area it concerns. All forms of mediation aim to reach an agreement while minimizing costs and stress.
Criminal Mediation
Criminal mediation allows for the amicable resolution of cases between perpetrators and victims of crimes.
Civil Mediation
Civil mediation covers disputes between neighbours, concerning real estate, compensation or civil contracts.
Family Mediation
Family mediation helps in conflicts related to divorce, division of property, child custody and alimony.
Employee Mediation
Employee mediation deals with disputes between employers and employees.
Peer/School Mediation
Peer/school mediation helps resolve escalating disputes in school environments and care and educational facilities regarding internal relations among students and staff.
Business Mediation
Business mediation focuses on commercial conflicts, resolving disputes between partners and contract negotiations.
Mediation Process:
The mediation process is a structured, voluntary way of resolving conflicts with the help of an impartial mediator. It consists of several key stages:
- Initiation of mediation: The parties to the conflict agree to mediation and select a mediator.
- Introductory meeting: The mediator presents the principles of mediation, explains the process and establishes rules of cooperation.
- Presentation of positions: Each party presents its position and expectations, the mediator listens without judgment.
- Negotiations: The mediator leads the talks, helping to find common solutions and ease tensions.
- Concluding an agreement: The parties reach a compromise and draw up a settlement that can be approved by a court.
- Conclusion: The mediator concludes the process by summarizing its outcomes and discussing next steps.
Important information - regarding Mediation:
Duration of mediation depends on the type of conflict, the number of parties and the complexity of the case. Simple disputes, such as neighbors or family disputes, can be resolved in one or several sessions, usually lasting from 1 to 3 hours. More complex business or court mediations may require several weeks or even months. The mediator and the parties establish a schedule of meetings, tailored to their needs. Mediation is faster than court proceedings, because its pace depends on the involvement of the parties and the availability of the mediator. Thanks to its flexible approach, mediation allows for efficient resolution of conflicts while minimizing formalities and costs.
Mediation costs depend on the type of case, the number of sessions and the experience of the mediator. In out-of-court cases, the parties usually share the costs equally, according to the agreements made before the start of the process. In court mediation, fees may be regulated by law or agreed individually. Additional costs may include preparing documentation, travel or renting a meeting room. In some cases, mediation may be free of charge, e.g. in cases referred by the court or aid organizations. Despite the different costs, mediation remains a more economical solution than court proceedings, offering a faster and less formal solution to conflicts.
Top 10 benefits
from Mediation
The mediation process takes less time than court proceedings.
- Court cases can drag on for years, while mediation is often completed in a few meetings that can take place over the course of weeks rather than months.
- This allows the parties to close the conflict more quickly and focus on further action – whether in business or in their personal lives.
Mediation is cheaper than traditional litigation.
- Court proceedings involve the costs of court fees, attorneys' fees, and expenses related to the evidentiary proceedings.
- Mediation eliminates many of these costs, and the parties often share the costs, further reducing the financial burden.
- For companies, this means saving money that can be spent on business development.
All conversations are confidential to protect the privacy of the parties.
- Unlike a court trial, which is public, mediation takes place in a confidential environment.
- Any information revealed during mediation cannot be used against the parties in the future, which allows for greater freedom of negotiation.
- This is particularly important in business disputes, where protecting reputations and trade secrets is crucial.
Participation in mediation is completely voluntary.
- Neither party is forced to participate or sign a settlement – everything is done on the basis of mutual consent.
- Thanks to this, participants are more engaged in the process and open to negotiations, which increases the chance of finding a satisfactory solution.
The mediator is neutral and supports both parties without favoritism.
- The mediator does not impose his or her opinion or take sides – his or her job is to help communicate and find a solution.
- Thanks to this, the parties can feel safe, knowing that no one is acting to their detriment.
The parties can adjust the time and place of meetings to their needs.
- In court, hearing dates are imposed and can last for months or even years.
- In mediation, the parties decide when and where the meeting will take place, which allows the entire process to be tailored to their schedule.
- Mediation can take place in-person or online, making it easier for people from different locations to participate.
It is the parties who decide on the final agreement, not the court.
- In a traditional trial, the verdict is made based on the provisions of the law and may not be favorable to either party.
In mediation, the parties themselves work out a solution that is satisfactory and feasible for them. - This avoids a situation in which one of the parties feels aggrieved and later avoids enforcing the judgment.
Mediation helps to preserve or improve the relationship between the parties.
- A lawsuit often exacerbates the conflict, leading to a breakdown of the relationship between the parties.
- Mediation promotes dialogue and allows the parties to find a solution that not only ends the dispute, but also helps in further cooperation – which is particularly important in family, business or employment disputes.
The solutions developed are more durable because they result from mutual consent.
- Research shows that mediation agreements are more likely to be respected than court judgments because the parties themselves worked them out.
- Thanks to this, there is no need for subsequent claims or enforcement of decisions by a bailiff.
The mediation agreement must be approved by the court and become legally binding.
- If the parties wish, they can submit the settlement to the court, which will issue an enforceability clause – it then becomes as binding as a court judgment.
- This means that, if necessary, its provisions can be enforced in the same way as if they were the result of a court case, but without the lengthy and costly proceedings.
Choice Mediator
Who can be a Mediator?
Mediator may be an impartial person with appropriate qualifications and communication skills. In most countries, mediators are specialists in law, psychology, sociology or conflict management, although formal education is not always required. Certificates confirming completion of mediation courses and entry on the list of mediators at courts or mediation organizations are key. The mediator should be patient, objective and discreet, ensuring confidentiality of talks. They cannot have a conflict of interests towards the parties. Thanks to their skills, the mediator helps the parties reach an agreement, avoiding bias and imposing solutions.
Give us a call and we'll talk about your situation!
How to find
Mediator?
Go to the website of the Ministry of Justice (www.gov.pl) and check the official register of court mediators.
Please contact the court in your area for a list of recommended mediators.
Look for certified mediation centers, such as the Association of Polish Mediators or other recognized organizations.
Look for certified mediation centers, such as the Association of Polish Mediators or other recognized organizations.
Contact social welfare centers that often cooperate with mediators.
Legal Aspects of Mediation.
Do you have a dispute that could be resolved through mediation? Contact us to find out how we can help.
Binding power:
A mediation agreement concluded by the parties is binding provided that the parties have voluntarily agreed to its terms.
Court approval:
The Mediator or the Parties to the Mediation may apply to the court for approval of the mediation agreement. Then the agreement gains legal force equal to a court judgment.
Feasibility:
Once approved by the court, the mediation agreement becomes an enforceable title, enabling enforcement in the event of non-compliance.
End of dispute:
A settlement concluded during court proceedings ends the dispute between the parties, and court proceedings are discontinued if they had been previously initiated.
Saving time and costs:
Approval of a mediation agreement allows you to avoid lengthy court proceedings.
Voluntary:
A settlement cannot be imposed – its terms must be accepted by both parties.
No appeal:
Once a mediation agreement has been approved, the parties may not appeal it unless it was concluded under duress or in violation of the law.
Tax consequences:
In some cases, concluding a mediation agreement may have tax consequences, for example in the division of property.
Margaret Anisimovich
- Conflict resolution specialist
- +48 22-30-05-105
- mediacje@pmr-restrukturyzacje.pl
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