MEDIATION AND SUSTAINABILITY: THE ROLE OF DECISIVE ACTIONS IN PROMOTING SUSTAINABLE DISPUTE RESOLUTION – LESSONS FROM THE ITALIAN ‘CARTABIA REFORM’
MEDIATION AND SUSTAINABILITY: THE ROLE OF DECISIVE ACTIONS IN PROMOTING SUSTAINABLE DISPUTE RESOLUTION – LESSONS FROM THE ITALIAN ‘CARTABIA REFORM’

Summary/Abstract: There is an undeniable need for decisive actions to advance mediation as a sustainable method within Poland’s dispute resolution framework. Italy’s recent approach serves as a noteworthy example, with the ‘Cartabia Reform’, enacted through Legislative Decree No 149 on 10 October 2022, and supplemented by additional decrees, offering actionable insights into the effective promotion of sustainable dispute resolution practices. The Italian experience, marked by financial incentives and clear regulatory frameworks, suggests a pathway for Poland to integrate mediation more deeply into its legal system, presenting it as a cost-effective and socially beneficial alternative to traditional litigation. Enacted in late 2022, the reform significantly strengthens mediation to improve access to justice and reduce court congestion, aligning with broader EU goals for Alternative Dispute Resolution (ADR). A core element of the reform is the implementation of robust fiscal incentives. By expanding tax relief – such as exemptions from stamp and registration duties on mediation documents and agreements – the reform provides a significant financial advantage over traditional litigation. This alleviates financial barriers, encouraging broader adoption among individuals and businesses, especially in high-value disputes, promoting mediation as a pragmatic, cost-effective choice. Beyond financial benefits, the reform introduces key procedural updates. These include extending mediation duration, enabling remote participation for greater accessibility, and granting judges the power to refer disputes to mediation even during appeal proceedings. These measures frame mediation as a sustainable process that fosters dialogue and social integration while easing the strain on the judicial system. Italy’s systematic approach, leveraging regulatory improvements and targeted incentives, positions it as a leading EU example. By adopting insights from the Cartabia Reform, Poland can strengthen its legal framework around mediation, achieving both economic efficiency for parties and broader societal benefits in conflict resolution.

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