SETTLEMENTS AND OTHER AGREEMENTS CONCLUDED BEFORE A MEDIATOR
SETTLEMENTS AND OTHER AGREEMENTS CONCLUDED BEFORE A MEDIATOR

Summary/Abstract: The development of the use and awareness of civil (business, family) mediation in Poland over the last 20 years of its functioning in the Code of Civil Procedure has shown the multitude of situations that can be encountered in mediated disputes. This raises doubts as to whether the current legal framework of Polish substantive law, regulating the contract of settlement, and procedural law referring to a court settlement and settlement agreement concluded before a mediator, exhausts all the possibilities for unanimous arrangements available to the parties in mediation. It is further influenced by, inter alia, the basis for conducting mediation, the interests of the parties to be reflected in the agreement concluded before a mediator, a legally determined possibility to modify parties’ legal relations, or a form of declaration of will prescribed by law. The article includes an analysis of the above problems, selected by the authors, in light of applicable law, case law and legal texts. It leads to the question whether, at this stage of the development of mediation in Poland, a new normative concept – a mediated settlement agreement should be considered.

• Details
• Contents