ZMIANY W POSTĘPOWANIU MEDIACYJNYM WPROWADZONE USTAWĄ Z DNIA 5 SIERPNIA 2025 R.
CHANGES TO MEDIATION PROCEEDINGS INTRODUCED BY THE ACT OF 5 AUGUST 2025

Summary/Abstract: Objectives: The aim of this article is to analyze the most important changes to mediation proceedings introduced by the Act of 5 August 2025 to the Code of Civil Procedure and to assess the extent to which they can contribute to the popularization and improvement of mediation, as well as its further development in civil proceedings. The article discusses changes aimed at increasing the efficiency and effectiveness of mediation, while also identifying potential gaps and practical challenges. Material and methods: The research method used in the article is the dogmatic-legal method, which involves the interpretation of provisions in accordance with commonly used methods of interpreting normative texts, mainly linguistic and functional interpretation. Results: The amendment to the Code of Civil Procedure of August 5, 2025, introduces several solutions that may contribute to more efficient proceedings, reduce the workload of judges, and promote mediation as a viable and effective method of dispute resolution. These changes include both incentive mechanisms - in particular, new rules for charging costs to a party who unreasonably refuses to participate in mediation - as well as organizational solutions, such as the electronicization of documents, expanded powers of court registrars, clarified procedures for approving mediation agreements, and mandatory referral of parties to mediation in construction proceedings. Conclusions: However, the introduced regulations reveal certain gaps and practical doubts that should be resolved to fully ensure the effectiveness, speed and efficiency of mediation proceedings.

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