Mandatory Mediation – Remarks on Determining a Dispute’s Suitability for Mediation and the Parties’ Concerns Regarding Mediation

Abstract

The main aim of the article is to present the considerations concerning the issue of introducing mandatory mediation into the Polish legal system within the scope of business lawsuits as well as some other kinds of civil disputes with respect to determining their suitability for mediation and the parties’ concerns regarding the use of mediation. The choice of the subject matter and the aim of these considerations have been mainly inspired by the author’s practical experience of working as a mediator in civil disputes (including business cases) and the relevant statistics concerning mediation proceedings held within the Business Mediation Center (BMC) at the District Chamber of Legal Advisers in Olsztyn. Introducing an obligation to mediate in selected types of disputes into the Polish social-legal system following an appropriate legislative and organizational preparation should, in principle, be considered beneficial as it might lead to popularizing mediation and making the most of its potential and advantages. Furthermore, expanding the citizens’ access to the broadly understood system of justice in its in- and out-of-court formula may result in reducing a backlog of cases in courts of justice and, in consequence, strengthening the idea of diversification in the justice system.