Mediation
Mediation
Mediation – general information:
– one of the most effective and quick methods of resolving disputes,
– a mediator is an impartial and neutral person who cares about the good of the parties, remains outside the dispute, does not make decisions for the parties as to how to resolve the dispute, helps the parties to voluntarily reach a solution to the disputes, alleviates tensions arising during mediation, helps the parties to regain mutual trust and rebuild mutual relationships,
– basic principles of mediation: impartiality, voluntariness, confidentiality, neutrality and acceptability,
– the parties, with the participation of the mediator, develop a method of agreement in the mediation process that is acceptable to both parties,
– the parties to the dispute try to reach an agreement themselves to resolve it,
– mediation is confidential and less formal than court proceedings,
– mediation proceedings may be initiated by the parties (private mediation) or may be proposed or ordered by the court (judicial mediation),
– during mediation, the parties feel their agency and understand each other’s positions and needs, they see more broadly the essence of the source of the conflict,
– a settlement concluded in the presence of a mediator, after its approval by the court at the request of the parties, has the legal force of a court settlement,
– the settlement after it has been given an enforceability clause is the basis for referring the case to enforcement proceedings in a situation where one of the parties avoids fulfilling the obligations contained in the settlement.
Place of mediation:
– ul. Marszałkowska 55/73, office 58, 00-667 Warszawa,
or
– another place acceptable to both parties and the mediator.
Mediation costs:
– the mediator’s remuneration and the reimbursement of mediation costs are generally borne by the parties in half,
– there is a possibility of other ways of dividing the costs between the parties, e.g. bearing the entire costs by one of the parties.
Step-by-step procedure for initiating private mediation:
– completing and signing the application for mediation.
– forwarding the completed application to the other party to the mediation by registered mail or with written confirmation of its delivery, leaving a copy thereof
– sending a copy of the application to the mediator along with confirmation of its delivery to the other party,
– sending a copy of the application to: office@legalwings.pl
– waiting for contact from the mediator chosen by the parties,
– setting a mediation date by the mediator,
– mediator’s contact with the parties,
– invitation of the parties to a mediation meeting by the mediator
Private mediation price list:
– non-refundable administrative fee:
(a) PLN 300 – The party or parties filing a request for mediation pay a non-refundable administrative fee of PLN 300 gross intended to cover the costs of administrative activities related to the processing of the request.
– Mediation fees:
- civil and commercial cases:
(a) 2% of the value of the subject matter of the dispute, not less than PLN 1,500 and not more than PLN 6,000, depending on the complexity of the case.
- b) when the value of the subject matter of the dispute exceeds PLN 1,000,000, the mediation fee is determined individually, but in an amount not exceeding 2% of the value of the subject matter of the dispute.
- c) In the case of disputes over non-property rights, where the value of the subject of the dispute cannot be determined, the mediation fee is no less than PLN 1,500 and no more than PLN 6,000, depending on the complexity of the case.
- d) The fee for mediation is a fee for 8 hours of the mediator’s work, including all activities undertaken outside of mediation sessions. If the specified limit of hours is exceeded, the fee for each additional hour of work is PLN 500.
- e) If more than one mediator is to conduct mediation proceedings, the mediation fee rates are set individually.
- family cases
(a) In case of disputes over non-property rights, where the value of the subject matter of the dispute cannot be determined, the mediation fee is 500 PLN/60 min.
(b)The fee for mediation is the fee for 60 minutes of work of one mediator, including all activities undertaken outside of mediation sessions (notifying parties of mediation by letter/phone, arranging meetings, consulting detailed findings from mediation sessions and from between mediation sessions, preparation of mediation documentation: depending on the specific proceedings: minutes, settlement agreement, parental custody plan, mediation agreement, application for court approval of mediation settlement, mediation bill). If the specified limit of 60 minutes is exceeded, the fee for each additional hour of work is PLN 500.
(c)the fee for conducting mediation in cases in which the value of the subject matter of the dispute can be determined is 2% of the value of the subject matter of the dispute, but not less than PLN 1,500 and not more than PLN 6,000, depending on the complexity of the case
(d) The fee for mediation is the remuneration for 8 hours of the mediator’s work, including all activities undertaken outside mediation sessions. If the specified limit of hours is exceeded, the rate for each additional hour of work is PLN 500.
At the request of a party, a joint meeting may be preceded by a pre-mediation meeting to prepare for mediation and determine the scope of the mediation subject matter. – PLN 350 per hour of consultation.
If the mediation proceedings are to be conducted by more than one mediator, then the mediation fee rates shall be determined individually.
All fees listed in the Mediation Price List are increased by the applicable VAT in the amount established by separate regulations.
All fees are charged to the parties in equal parts, unless the parties agree otherwise.
Additional fees for private mediations:
– Travel and accommodation costs of the mediator;
– Costs of expert reports and opinions;
– remuneration of interpreters;
– cost of renting the rooms where the mediation was conducted – in the case of mediation conducted off-site at ul. Marszałkowska 55/73 lok/58, 00-676 Warsaw;
– certificate of attempting to mediate: PLN 50 net.
Step-by-step procedure for initiating court-referred mediation:
– filing a lawsuit with the court,
– the court issues decisions to refer the case to mediation at a closed session before the first hearing – at the request of at least one of the parties,
– the possibility of referring the case to mediation before the hearing (in the lawsuit or response to the lawsuit) or during the hearing (for the record),
– possibility of indicating the name of the mediator in both of the above cases,
– the court sends the decision to the mediator,
– setting a mediation date by the mediator and inviting the parties to the mediation meeting.
Court mediation price list:
Court-referred mediation prices are regulated in the Regulation of the Minister of Justice of June 20, 2016 on the amount of remuneration and recoverable expenses of a mediator in civil proceedings and are as follows:
– property mediation: 1% of the value of the subject of the dispute, but not less than PLN 150 net, not more than PLN 2,000 net for the entire proceedings,
– non-pecuniary mediation: e.g. family matters – PLN 150 net for the first session, PLN 100 net for each subsequent session, in total not more than PLN 450 net for the entire proceedings.
Individual session – up to 1 hour,
Joint session – up to 3 hours.
Reimbursable mediator expenses:
– rental of premises necessary to conduct mediation outside the mediator’s office – up to PLN 70 net for one sitting,
– correspondence – up to PLN 30
– mediator’s travel – in the amount and under the conditions specified in the provisions on the amount and conditions for determining the amounts due to an employee employed in a state or local government unit of the budget for a business trip (mediation conducted outside the mediator’s office).
– correspondence – max. PLN 30 net
If the parties do not participate in mediation, the mediator is entitled to reimbursement of incurred expenses in the amount not exceeding PLN 70 net.
Exemption from mediation costs:
– The court may, in justified cases, exempt the parties from all or part of the costs of the proceedings, including the costs of mediation,
– mediation costs are included in the costs of court proceedings,
– an application for exemption from costs must be submitted to the court along with a declaration of family status, assets, income and sources of support (https://www.gov.pl/web/smieszedliwosc/formularze-pism-procesowych-w-postepowania-cywilne)
Financial benefits for the parties from concluding a mediation settlement:
– refund of the entire fee paid for the lawsuit, as well as objections to the payment order, if the mediation ended with a settlement before the hearing before the court of first instance,
– refund of 3/4 of the fee paid if an agreement was reached before the mediator after the hearing had started,
– refund of half of the fee paid if the settlement was concluded in the course of proceedings in the second instance.
We offer mediation:
Family:
– alimony;
– parental authority, providing care;
– establishing contacts with the child;
– separations;
– divorces,
– division of assets.
Civil:
– payment matters,
– abolition of co-ownership,
– contracts,
– division of assets,
– neighborly relations,
– inheritance division,
– disputes between individuals,
– personal, property and motor insurance,
– compensation and compensation,
Economic:
– untimely payment or lack thereof for products/services,
– failure to comply with the terms of the contract;
– improper performance of contracts;
– unfair competition,
– infringement of copyright or patent rights, personal rights,
– relationships between entrepreneurs and customers,
– intra-organizational problems regarding corporate disputes.
Administrative:
– disputed interests of the parties,
– inaction and excessive length of proceedings,
– all kinds of administrative disputes,
– contacts of public administration bodies with natural persons or business entities.
Employee:
– all kinds of disputes between employees and the employer,
– employee relations,
– violations of equal treatment in the workplace,
– notice of termination,
– working and pay conditions.
Legal acts regulating civil and commercial mediation:
– Act of November 17, 1964, Code of Civil Procedure (Journal of Laws of 2016, item 1822, as amended) (extract from the provisions), regulation in force since December 10, 2005, introduced into the Code of Conduct civil law by the Act of July 28, 2005 amending the Code of Civil Procedure and certain other acts (Journal of Laws of 2005, No. 172, item 1438), as amended, including those introduced by the Act amending certain acts in connection with supporting amicable methods of resolving disputes of September 10, 2015 (Journal of Laws of 2015, item 1595),
– Act of April 23, 1964, Civil Code (Journal of Laws of 1964, No. 16, item 93, as amended),
– Act of July 28, 2005 on court costs in civil cases (Journal of Laws of 2016, item 623, as amended),
– Regulation of the Minister of Justice of June 20, 2016 on the amount of remuneration and recoverable expenses of a mediator in civil proceedings (Journal of Laws of 2016, item 921),
– Regulation of the Minister of Justice of January 20, 2016 on maintaining a list of permanent mediators (Journal of Laws of 2016, item 122),
– Act of July 27, 2001, Law on the Organization of Common Courts (Journal of Laws of 2016, item 2062),
– Act of 23 September 2016 on out-of-court resolution of consumer disputes (Journal of Laws of 2016, item 1823)
Additional information:
The mediator collects fees directly from the parties in accordance with Art. 1835 of the Code of Civil Procedure, unless one of the parties was exempt from costs and the other parties did not pay the amount due in full.
Mediation fees must be paid before the start of the mediation in cash or by bank transfer to the mediator’s bank account, specifying “mediation, name and surname, reference no. Act”.
Our mediators are included in the list of permanent court mediators of the President of the District Court in Warsaw.
In our law firm, we focus on both court and court mediations. Private.
We conduct mediations in Polish and English.