A dispute between businesses may concern money, service quality and the future of their working relationship at the same time. A demand for payment does not always reveal the whole problem: the client may be waiting for corrections, while the contractor needs a decision before they can finish the job. Commercial mediation allows these dependencies to be discussed when both parties are willing to seek agreement. Businesses in Kraków and Małopolska can meet in person, while participants in different locations can agree to an online conversation.
Key points before you start
- Separate the undisputed amount, disputed items and conditions for future cooperation.
- Ensure that someone with the necessary authority to conclude a settlement takes part.
- Limitation periods and procedural obligations need to be checked separately.
Establish what the dispute is really about
Prepare a summary of invoices, payment deadlines, complaints and completed stages. Mark the amounts accepted by both parties and those still disputed. If the issue concerns quality, list specific requirements and acceptance criteria. “The service was poor” is difficult to translate into a solution; a list of identified corrections makes it possible to assess what can be done and priced.
It is also worth establishing whether the parties want to continue working together or bring the relationship to an orderly end. Future customer service requires different terms from returning materials, closing access to a system and settling final accounts. The discussion can address practical solutions that a judgment ordering payment alone would not describe. Every element must nevertheless comply with the law and fall within the participants’ actual authority.
Agree who can represent the business and the limits of their authority
Before meeting, check the business’s current representation arrangements and the scope of any power of attorney. If approval from a company body is needed, obtain it in good time or make clear that the draft requires approval. The absence of a decision-maker does not rule out a preparatory discussion, but it should be known so that the other side does not treat tentative acceptance as a completed settlement.
The order of the Court of Appeal in Szczecin of 17 September 2018, I AGz 87/18, illustrates the importance of checking representation in a settlement between related companies. Judicial scrutiny goes beyond whether there are signatures on a page. Where there are personal or ownership links, particular care is needed to check who may make declarations and whether a conflict in representation arises.
Calculate several possible ways to reach agreement
Compare a single payment, instalments, additional performance and ending the business relationship. For each option, identify deadlines, administration costs, the risk of non-performance and any necessary security. Do not assume that an instalment is realistic simply because it looks attractive in a table. A schedule should reflect the ability to perform and how each action will be confirmed.
Separate the principal debt, interest, costs and any counterclaims. Establish which performance fully satisfies which claim and when the accounts are finally settled. It is worth obtaining advice on tax and accounting consequences and the form of any security. Article 917 of the Polish Civil Code (KC) describes a settlement as mutual concessions intended to remove uncertainty, secure performance or resolve a dispute; its terms must address the particular legal relationship.
Sources for this section: [2]
Mediation and limitation periods: do not rely on an outdated shortcut
The current Article 121 point 5 KC provides for the suspension of limitation periods for claims covered by an agreement to mediate for the duration of the mediation. Suspension and interruption are different legal mechanisms. The claims covered, the point when mediation begins and ends, and any applicable transitional provisions must be established from the documents. Simply sending a proposal to talk does not offer universal protection against every deadline.
The resolution of a seven-judge panel of the Polish Supreme Court of 15 May 2025, III CZP 22/24, concerned a request for a court conciliation attempt under the law applicable until 30 June 2022. It does not support the claim that mediation today always interrupts limitation periods. If a deadline is approaching, combine preparation for discussions with an individual legal assessment; do not wait for the other business to respond at the expense of a required procedural step.
Conclude the discussion with a document that can be performed
Check the identification of the parties, what is being settled, the amounts, currency, deadlines and payment method. For non-monetary obligations, describe the result, acceptance arrangements and access to necessary materials. “The parties will make efforts” may be insufficient if you expect a specific action. Also agree what happens to existing contracts and court proceedings.
A settlement reached before a mediator may be approved by a court; where it is capable of enforcement, approval takes the form of an enforceability clause. This does not guarantee that the other party is solvent. Checking the counterparty and assessing security remain important. If discussions do not produce a settlement, the next steps must be organised and deadlines observed, regardless of the emotions surrounding the negotiations.
Sources for this section: [1]
Educational scenario — a fictional example, not a case handled by the Foundation.
A dispute over implementation and the final invoice
In this fictional example, a business in Tarnów commissioned a system implementation from a contractor in Kraków. It withheld the final payment because some functions work differently from what it expected. The contractor, in turn, points to changes in scope. Before mediation, both parties could compare the contract, accepted stages and list of new requirements, instead of discussing only the total invoice amount.
A hypothetical draft provides for specified corrections, a joint acceptance test and payments linked to stages. It separately describes chargeable changes beyond the original scope. The parties check representation, tax consequences and whether the timetable can be met. The example illustrates a structure for discussion; it does not recommend a particular form of security or claim an outcome achieved by the Foundation.
Questions about this topic
Can we mediate if a claim has already been filed in court?
Yes. Civil mediation is also possible during proceedings under the KPC. The referral route, current procedural stage and effect of any agreement on the court’s next steps need to be established.
Sources for this section: [1]
Does an enquiry about mediation stop a limitation period from running?
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.
- Postanowienie Sądu Apelacyjnego w Szczecinie z dnia 17 września 2018 r., I AGz 87/18; badanie reprezentacji stron przy zatwierdzaniu ugody mediacyjnej. Tekst orzeczenia w SAOS.
- Uchwała składu siedmiu sędziów Sądu Najwyższego z dnia 15 maja 2025 r., III CZP 22/24; zawezwanie do próby ugodowej i przedawnienie w stanie prawnym obowiązującym do 30 czerwca 2022 r.
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.