The opportunity to calmly explore different solutions is one reason people choose mediation. Yet a concern often arises: could a proposed concession later be used against me? Answering that requires a distinction between the discussions, existing documents, the record of mediation and the settlement itself. The civil and criminal rules are not identical. It is worth understanding them before the meeting, rather than only after disclosing details of the case.
Key points before you start
- In civil mediation, confidentiality also applies to the parties and other people taking part in the proceedings.
- The record of mediation sets out formal details and the outcome; it is not a transcript of the negotiations.
- Confidentiality has limits and does not remove the significance of documents that exist independently of mediation.
Who is bound by confidentiality in a civil case?
Article 183⁴ of the Polish Code of Civil Procedure (KPC) states that mediation proceedings are not public. The duty to keep facts learned in connection with mediation confidential applies to the mediator, the parties and other people taking part. In practice, the rules should also be established for legal representatives, an interpreter or a support person. Having more people present does not make the meeting an open discussion.
The provision allows the parties to release the mediator and other participants from this duty. Article 259¹ KPC also governs whether a mediator may give evidence as a witness: generally, a mediator cannot testify about facts learned in connection with mediation unless the parties release them from confidentiality. It is therefore inappropriate to promise absolute secrecy, without exception, for every piece of information in every situation.
Sources for this section: [1]
Does proposing a concession mean accepting that the other side is right?
Article 183⁴ § 3 KPC provides that reliance before a court or arbitral tribunal on settlement proposals, mutual concessions or other statements made during mediation is legally ineffective. This allows solutions to be explored without simply equating a proposal with acceptance of all the other party’s assertions. A tentative statement must nevertheless be distinguished from a signed settlement, which may have specific legal effects.
Nor should you assume that showing an invoice, contract or earlier message in mediation removes that document from use as evidence. Protection of statements made in mediation does not automatically provide a way to conceal evidence that arose independently of the discussions. If you are considering disclosing particularly significant material, discuss its nature with your own lawyer and agree practical arrangements for sharing it.
Sources for this section: [1]
What is included in the record of mediation and the settlement?
In civil proceedings, the record includes the place and time of mediation, the details of the parties and mediator, and the outcome. The mediator signs it, and the parties receive a copy. If a settlement is reached, it is included in the record or attached to it. The record is not a transcript of successive proposals, emotional reactions or the reasons someone declined a particular term.
Following a court referral, the record and any settlement are submitted to the court hearing the case. For mediation under an agreement to mediate, the documents are needed for the settlement approval proceedings. By signing the settlement, the parties consent to an application for approval, and the mediator should explain this. Before signing, therefore, check both the obligations and the information that will appear in the document.
Sources for this section: [1]
An individual conversation needs clear ground rules
If the mediator speaks to participants separately, ask before sharing information whether it will be conveyed to the other party and, if so, to what extent. You may want the mediator to know about a practical concern without passing it on word for word. Agreeing the rules is especially important when the parties are working on several tentative versions of a settlement.
Avoid sending confidential notes to an email address shared with the other party. For an online meeting, turn off recording and automatic transcription, check what is visible on screen and who is in the room. Do not pass the meeting link to anyone whose involvement has not been agreed. These practical steps help maintain confidentiality; statutory rules alone cannot replace careful use of devices.
Sources for this section: [1]
Criminal mediation has separate rules
Article 23a of the Polish Code of Criminal Procedure (KPK) requires mediation to be conducted impartially and confidentially. Article 178a prohibits questioning a mediator about facts learned from the accused or the injured party during mediation, but makes an exception for information about offences listed in Article 240 § 1 of the Polish Criminal Code (KK). The civil rules on release from confidentiality should not be carried over directly to criminal cases.
The referring authority receives a report on the outcome and any settlement reached. The regulation specifies the report’s contents and the rules for working with the case files made available. If you have concerns about safety, the status of statements or the effects of an agreement, ask for an explanation before the discussion and obtain independent legal assistance. Confidentiality should support voluntary participation, rather than make it harder to obtain necessary protection.
Educational scenario — a fictional example, not a case handled by the Foundation.
A tentative proposal and a signed obligation
In a fictional payment dispute, a business owner proposes during mediation that part of the amount owed be paid in instalments. The other party interprets this as an admission of all the allegations, although the proposal was intended only to explore a possible solution to a cash-flow problem. The mediator helps distinguish a tentative option from agreed terms and explains the rules on statements made in mediation.
When a settlement draft is prepared, the parties specify exactly which claims it covers and which obligations they accept. They do not copy the entire history of proposals into it. Before signing, they check the legal effects with their lawyers. The scenario illustrates the difference between freedom to explore options in discussion and responsibility for the terms of an agreement; it is not an instruction to conceal facts or an account of a Foundation case.
Questions about this topic
Can I record the meeting so that I do not forget anything?
Do not treat recording as a default part of mediation. Discuss the rules with the mediator and participants before the meeting. Properly prepared documents serve to record the final agreed terms, while automatic transcripts may disclose the discussion to third parties.
Will the court receive my proposals if no settlement is reached?
The record of civil mediation has contents and an outcome prescribed by law; it should not be a transcript of negotiations. Article 183⁴ § 3 KPC prevents effective reliance on statements made in mediation in court or arbitration proceedings.
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.
- Ustawa z dnia 6 czerwca 1997 r. – Kodeks postępowania karnego, tekst jednolity Dz.U. z 2026 r. poz. 490, ze zmianami; w szczególności art. 23a, art. 107, art. 178a i art. 619 § 2.
- Ustawa z dnia 6 czerwca 1997 r. – Kodeks karny, tekst jednolity Dz.U. z 2026 r. poz. 1342; w szczególności art. 53 § 3 i art. 240 § 1.
- 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.
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.