An agreement reached during a conversation still needs to be put into a document whose terms are clear and capable of being performed. The terms matter, as do signatures, representation and the correct way to submit documents to the court. The explanation below concerns settlements in civil mediation. Additional rules may matter in family and criminal cases, and a particular claim may require a legal act to take a special form.
Key points before you start
- Court approval requires suitable terms and documents.
- A settlement capable of enforcement is approved by the grant of an enforceability clause.
- For mediation under an agreement to mediate, check the current rules for identifying the competent district court.
What should the draft contain?
The document should precisely identify the parties and the dispute, set out the obligations and give deadlines for performance. For payments, check the amounts, currency, instalments, interest and method of payment. For non-monetary performance, describe the action, result, deadline and how completion will be confirmed. Also specify which claims the agreement settles and which remain outside its scope.
A settlement within the meaning of Article 917 of the Polish Civil Code (KC) involves mutual concessions connected with an existing legal relationship. There is no need to mechanically split the difference in half. What matters is understanding the effects accepted, including any waiver of part of a claim. Do not sign wording about “full and final settlement of all claims” unless it has been established exactly which matters it is intended to cover.
Signatures, authority and special form requirements
Under Article 183¹² of the Polish Code of Civil Procedure (KPC), the parties sign the settlement and the mediator prepares and signs the record of mediation. Signing the settlement signifies consent to apply to the court for approval, which the mediator explains to the participants. An electronic record or settlement may bear a qualified electronic signature. It is worth planning the signing method before an online meeting ends.
Also check the authority of legal representatives and people acting for companies. The order of the Court of Appeal in Szczecin of 17 September 2018, I AGz 87/18, illustrates the significance of this scrutiny when a settlement is approved. Article 183¹⁵ § 2 KPC preserves special form requirements for legal acts. A mediated settlement is therefore not a universal way to bypass a notarial deed or other required formalities.
Which court receives the settlement in 2026?
For mediation conducted under an agreement to mediate, a party may seek approval from the district court with jurisdiction over the place where the settlement was concluded, unless the parties name another district court in the settlement. If neither basis applies, the competent court is the district court for the applicant’s place of residence or registered office. This is the rule in the current Article 183¹³ § 1 KPC; older guides may describe different arrangements.
The application must include the record of mediation and the settlement, unless the settlement is contained in the record. The rules provide specific requirements for electronic documents and for professional legal representatives to file documents through the courts’ information portal. If a court referred the parties, the mediator submits the record and any settlement to the court hearing the case. Where the settlement covers different proceedings, the additional rule in Article 183¹⁴ § 2¹ must be taken into account.
These rules have applied since 1 March 2026; applications for approval already filed and still undecided when the amendment took effect remain governed by the previous rules.
What does the court check, and when can it refuse approval?
Among other matters, the court examines whether the settlement complies with the law and the principles of social coexistence, whether it seeks to circumvent the law, and whether its terms are understandable and consistent. Article 183¹⁴ § 3 KPC allows the court to refuse approval or an enforceability clause in whole or in part. The signatures of all participants do not replace this scrutiny.
In practice, check the draft for unspecified deadlines, different amounts appearing in two places, unclear payment conditions or an obligation imposed on someone who is not a party. If some terms concern children or third-party rights, they need additional assessment. The mediator can help structure the text, while each party’s own lawyer can assess its effects for the person they represent before it is signed.
Approval, performance and the practical limits of protection
A court-approved settlement has the legal force of a settlement concluded before a court. If it is capable of enforcement, the court approves it by granting an enforceability clause; in other cases, it approves it by an order. A settlement bearing the clause is an enforceable title. This distinction matters: simply submitting a draft to the court does not mean you have obtained a document that allows enforcement proceedings to begin.
After concluding a settlement, keep evidence of payments and performance of other obligations. If a problem arises, check the precise wording, whether the obligation is due and the available remedies. Approval does not guarantee that the debtor has assets or will cooperate voluntarily. If you need security, its availability and form should be considered earlier, rather than only when the first instalment is missed.
Sources for this section: [2]
Educational scenario — a fictional example, not a case handled by the Foundation.
A partial agreement and precise deadlines
In a fictional dispute over payment, the parties agree on three instalments but still disagree about an additional service. In the draft, they identify precisely the debt covered by the settlement, the dates and amounts of the instalments, and expressly state that the remaining claim has not been settled. This avoids accidentally turning partial agreement into a complete resolution of the dispute.
Before signing, they check representation and the appropriate approval procedure. After the first payment, they keep the transfer confirmation. The example shows how to reduce ambiguity in a document; it is not a ready-made clause to copy without assessing the particular case, or an assurance that a court will approve any similar wording.
Questions about this topic
Does every signed settlement immediately allow enforcement?
No. In civil mediation, an enforceable title is a settlement approved by the grant of an enforceability clause. It must also be established whether the particular obligation is due and capable of enforcement.
Sources for this section: [2]
Can a settlement be approved without a claim having been filed first?
Yes. A settlement from mediation conducted under an agreement to mediate can be submitted for approval. The application, documents and choice of competent court should be prepared under the current Article 183¹³ KPC.
Sources for this section: [2]
Sources and further reading
- 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.
- 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.
- 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.
- Ustawa z dnia 25 lutego 1964 r. – Kodeks rodzinny i opiekuńczy, tekst jednolity Dz.U. z 2026 r. poz. 236; w szczególności art. 56, art. 58, art. 113 i art. 135.
- Ustawa z dnia 5 sierpnia 2025 r. o zmianie ustawy – Kodeks postępowania cywilnego, ustawy – Kodeks cywilny oraz niektórych innych ustaw, Dz.U. 2025 poz. 1172; art. 1 pkt 18–19, art. 14 ust. 5 i art. 16.
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.