You do not need to arrive at mediation with a settlement already drafted. To begin, it is enough to know what the dispute concerns and what you want to resolve: a payment, a working relationship, contact with a child or the terms of living alongside a neighbour. The mediator helps prepare a conversation in which each party can explain their perspective. Below, we describe how to begin civil mediation, choose the person who will conduct it and make the decisions that matter before your first meeting in Kraków or online.
Key points before you start
- Raising a case helps establish whether a conversation can begin and how it can be organised.
- Agreeing to mediation and accepting a particular settlement are two separate decisions.
- Before the meeting, agree the costs, who will take part and how the discussions will be conducted.
What does the mediator do, and what do the parties decide?
For civil cases, the starting point is Article 183¹ of the Polish Code of Civil Procedure (KPC): mediation is voluntary. The mediator organises the discussion, helps identify the issues in dispute and structures the proposals. The mediator remains impartial and discloses circumstances that could raise doubts about that impartiality. Under Article 183³ᵃ, the mediator may also suggest non-binding ways to resolve the dispute if the parties jointly request this.
The participants decide whether a solution meets their needs. The mediator does not deliver a judgment or represent one party against the other. You may seek assistance from your own legal representative and obtain advice on a proposed agreement before signing. The discussion may end in a full settlement, a partial settlement or no settlement. Each of these outcomes needs to be clearly recorded.
Sources for this section: [1]
Private enquiries and court referrals
Mediation can begin under an agreement to mediate or following a court referral. For a private enquiry, the first steps are to establish the subject of the dispute, the other party’s willingness to participate and the choice of mediator. If the case is already before a court, have the case reference and the referral order ready. Simply saying that “the court recommended talking” is not enough: the document distinguishes a formal referral from a general encouragement to reach agreement.
The current wording of Article 183⁸ § 2 KPC provides a one-week period for objecting to mediation after the order has been announced or served, subject to the provision concerning prior consent. Court correspondence should therefore not be put aside. If you do not understand the instructions, clarify them promptly with the court or your legal representative. Initial contact with the Foundation does not replace a response required by the court.
Sources for this section: [1]
How do you choose a mediator in Kraków?
Check the mediator’s education, completed training, experience with the type of dispute involved and approach to the process. Ask how they deal with an imbalance between the parties and whether they arrange individual discussions. It is worth comparing qualification documents with current information in the relevant register, instead of relying on the label “certified” alone.
The Regional Court in Kraków publishes a list of permanent mediators, a separate list for criminal cases and lists submitted by organisations and universities. These categories have different meanings. Inclusion on one list does not automatically mean inclusion on all of them. In civil cases, the rules also permit mediators who are not on the permanent mediator list; registration itself does not guarantee the outcome of a particular dispute.
What should you say when you first get in touch?
Prepare a short description, for example: “We have a dispute over payment for renovation work, the other party knows about the proposal to mediate, and no court case has started yet.” At this stage, you do not need to send the entire correspondence history or children’s personal information. It is enough to identify the topic, the number of participants, your preferred meeting format and any urgent deadlines.
Ask who will invite the other party, which organisational contact may involve a charge and what happens if someone declines to participate. Also discuss any need for an interpreter, the accessibility of the meeting room and whether legal representatives can attend. If you want an in-person meeting, confirm the time and address before travelling. For online mediation, both parties should accept the chosen format and technical arrangements.
Sources for this section: [1]
When might you need other help first?
Mediation requires the ability to make decisions freely. Tell the mediator if you fear the other party, feel under pressure, are financially dependent, face language barriers or have difficulty understanding documents. Separate discussions can help assess the conditions for participation, but changing the format cannot remove every imbalance. Consent should not be forced through a promise, a threat or pressure to decide quickly.
If a deadline for filing a document is approaching, you need an interim measure to protect a claim or you require immediate protection, discuss this with a lawyer independently of settlement talks. In its judgment of 14 June 2017 in Case C-75/16, the Court of Justice of the European Union emphasised access to a court when assessing the Italian consumer mediation procedure. The judgment does not establish compulsory mediation in Poland; it underlines that consensual dispute resolution must respect access to judicial protection.
Educational scenario — a fictional example, not a case handled by the Foundation.
Payment after an apartment renovation
In this fictional example, an apartment owner in Kraków withholds part of a contractor’s payment, pointing to unfinished work. The contractor believes they completed additional tasks that were not included in the price. The first step is not to decide who must “admit fault”, but to check whether both sides are willing to talk and gather the contract, the scope of work and a payment summary.
Preparation can separate three topics: acceptance of the work, disputed additions and the payment deadline. A hypothetical proposal provides for a joint inspection of defects and a payment dependent on specified tasks being completed. The parties may still reject it. The example illustrates a way to structure the conversation, rather than an outcome achieved by the Foundation or a prediction for a similar case.
Questions about this topic
Does making an enquiry mean agreeing to a settlement?
No. An organisational enquiry, consent to take part in mediation and acceptance of a settlement’s terms are different stages. Agree the conditions of participation and the costs before starting, and read the entire agreement before signing.
Sources for this section: [1]
Can I raise a case before the other party agrees?
Yes, you can ask whether mediation can be arranged. Conducting it nevertheless requires the appropriate consent of the parties. The mediator will explain how the other participant can be invited and what happens if they decline.
Sources for this section: [1]
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.
- Sąd Okręgowy w Krakowie, Listy mediatorów: lista stałych mediatorów, lista mediatorów w sprawach karnych oraz listy organizacji pozarządowych i uczelni.
- Rozporządzenie Ministra Sprawiedliwości z dnia 7 maja 2015 r. w sprawie postępowania mediacyjnego w sprawach karnych, Dz.U. z 2015 r. poz. 716; w szczególności § 2–4 i § 14–17.
- Wyrok Trybunału Sprawiedliwości Unii Europejskiej z dnia 14 czerwca 2017 r., C-75/16, Menini i Rampanelli przeciwko Banco Popolare, ECLI:EU:C:2017:457; prawo dostępu do sądu w kontekście włoskiej mediacji konsumenckiej.
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.