A civil dispute often begins with something specific: a deposit that has not been returned, use of a driveway, repair costs or disruptive behaviour in the neighbourhood. Over time, judgments about the other person’s character and a history of earlier misunderstandings can accumulate. Mediation can help return attention to matters that can be described and resolved, provided both parties want to participate. In Kraków, the issue might concern a flat, a tenement building, a house or shared assets; there is no single settlement template for every situation.
Key points before you start
- Describe specific events and the arrangements you would like for the future.
- The discussions need people who are entitled to make decisions about the matter concerned.
- Not all practical arrangements are capable of enforcement in the same way.
Start with an issue on which agreement is possible
Instead of demanding that a neighbour “start respecting others”, identify the problem: the hours of noisy work, arrangements for access through a passage or the removal of items from a shared area. For a tenancy, note the deposit amount, the deductions claimed and documents about the property’s condition. The more clearly you separate an event from a judgment about the person, the easier it is to compare possible solutions.
The basic rules of civil mediation are set out in Articles 183¹–183¹⁵ of the Polish Code of Civil Procedure (KPC). The parties may consider a settlement within the limits permitted by law. An agreement alone cannot, however, replace an authority’s decision, dispose of someone else’s right without a legal basis or provide for an unlawful act. If the problem also involves administrative or criminal issues, those require separate consideration.
Which documents help the discussion?
For financial matters, useful documents include the contract, bills, transfer confirmations and a breakdown of disputed amounts. For the use of real estate, check documents defining the parties’ rights and existing arrangements. You do not need to prepare an extensive catalogue of someone else’s wrongdoing. It is better to identify a few representative events and explain the specific problem that new arrangements should solve.
Organise photographs and correspondence by date and topic, respecting other people’s personal information. Separate a fact you can substantiate from your interpretation of its causes. If a technical assessment or valuation is needed, the parties can discuss how to obtain it and share the cost. Acting as a mediator does not itself make someone a building expert, land surveyor or expert witness.
Who should take part in agreeing the arrangements?
Check whether you are talking to the owner, tenant, co-owners or an authorised representative. If the agreement concerns a common part of a building, the powers of the relevant people or bodies must be established. A concession promised by someone without decision-making authority may be insufficient. Do not assume that someone can bind absent co-owners or other residents.
Also consider whether a property manager, legal representative or specialist who can explain a technical issue is needed. Their participation should be agreed and their roles clearly defined. Mediation is governed by impartiality and confidentiality, so an additional person should not appear unexpectedly as an observer. Having the right participants helps distinguish a lack of agreement from a lack of authority to conclude one.
From a good intention to an arrangement that can be checked
An agreement that “we will disturb each other less” does not say what to do tomorrow. A draft can specify working hours agreed within the law, how advance notice will be given, access to a particular space or a timetable for removing items. For a deposit, the amounts, basis of the calculation and repayment deadline are needed. It also helps to agree how to report non-performance and when to return to discussions.
Distinguish terms with a specific legal effect from voluntary commitments about communication. A court considering approval checks whether a settlement complies with the law and the principles of social coexistence, and whether it is understandable and consistent. A settlement approved by the grant of an enforceability clause becomes an enforceable title. Not every statement about courtesy can be enforced in the same way as a specified payment obligation.
Sources for this section: [1]
Real estate and urgent situations need additional attention
If the arrangements are intended to transfer ownership of real estate or carry out another act requiring a special form, plan the appropriate formalities. Article 183¹⁵ § 2 KPC expressly preserves the rules on special form requirements. Simply calling a document a mediated settlement and obtaining approval does not permit the requirements for the particular act to be bypassed.
Mediation is not a prerequisite for obtaining urgent protection where there is a threat. An approaching deadline, a risk of damage to property or a matter requiring intervention by the competent authority should be assessed independently. Preparation for discussions can proceed alongside that work, but safety or protection of a claim should not depend solely on the hope that the other party will respond quickly.
Educational scenario — a fictional example, not a case handled by the Foundation.
A deposit at the end of a tenancy
In this fictional example, a tenant in Kraków expects her deposit to be returned, while the landlord points to repair costs. The participants provide the tenancy agreement, handover records and bills. In the discussion, they separate wear and tear, the damage reported and costs whose amount has not yet been confirmed. The mediator does not decide which interpretation of the contract would bind a court.
One possible direction for the discussion is to return the undisputed amount and consider two items separately once the documents are supplied. Any settlement would define the scope of the final financial resolution, the deadline and the payment method. The parties may accept, amend or reject it after obtaining advice. The scenario illustrates working with specific amounts rather than determining how a similar case should end.
Questions about this topic
Is mediation worthwhile if we will remain neighbours?
It may help establish practical arrangements for living alongside each other if the parties want to talk and can make decisions freely. It does not guarantee a change in behaviour or the elimination of every conflict.
Does a settlement concerning real estate replace a notarial deed?
Sources and further reading
- Ustawa z dnia 17 listopada 1964 r. – Kodeks postępowania cywilnego, tekst jednolity Dz.U. z 2026 r. poz. 468, ze zmianami; w szczególności art. 183¹–183¹⁵, art. 259¹, art. 436 i art. 445².
- Ustawa z dnia 23 kwietnia 1964 r. – Kodeks cywilny, tekst jednolity Dz.U. z 2026 r. poz. 795; w szczególności art. 121 pkt 5–6, art. 917–918 oraz przepisy o formie czynności prawnych.
Educational material based on sources checked on 23 October 2026. It does not replace an individual legal assessment of a particular case. The scenarios are fictional and do not describe clients’ experiences or outcomes achieved by the Foundation. Legislation, judgments and research publications are cited alongside the relevant topics; DOIs are provided only for publications that have such an identifier.