New civil procedure rules will take effect on 1 March 2026, introducing mandatory mediation as the first step in resolving construction disputes. Under the amended provisions of the Code of Civil Procedure, courts will be required to refer both parties to mediation before the preparatory hearing or before the first trial session. Experts argue that mediation in Poland remains significantly underused—particularly considering the long waiting times for judgments in economic cases heard by Polish common courts.
“In civil and commercial courts in Warsaw, parties wait up to five years for a judgment in two instances. When you consider that entrepreneurs could resolve their disputes through mediation—which can take as little as three months—the difference alone shows that it is worth discussing mediation,”
— says Małgorzata Miszkin-Wojciechowska, attorney-at-law and director of the Lewiatan Mediation Centre, in an interview with Newseria.
According to data from the Statistical Information Bulletin of the Judiciary, in 2024 Polish courts handled 2,139,331 cases in which mediation could have been applied, but only 36,580 were actually referred to mediation. The mediation rate therefore amounted to just 1.7%.
“Polish society generally does not resolve disputes through mediation, because we are not accustomed to doing so. People tend to think: I am right, so I’m going to court for justice, to have the court confirm that I am right and that I win the dispute. This often leads to wasting time, nerves and money,”
— Miszkin-Wojciechowska stresses.
“Finding an expert witness in construction cases is extremely difficult. A court expert opinion can cost as much as PLN 400,000 in major infrastructure disputes involving, for example, state-owned companies.”
The amendment of 5 August introduced Article 458³a into the Code of Civil Procedure, stating that “before the preparatory hearing or the first hearing scheduled for trial, the court shall refer the parties to mediation.” The new rules enter into force on 1 March 2026.
“For all entities—private and state-owned—this is a very attractive way to resolve disputes, even if it requires giving up part of one’s claim. You must perform a business calculation: what is more cost-effective—conducting litigation for five years and paying court fees, attorney fees and expert costs, or entering mediation?”
— explains the director of the Lewiatan Mediation Centre.
Data from the Ministry of Justice shows that in 2024, in commercial cases, the number of mediations reached 4,204 in district courts and 2,617 in regional courts (of which 4,173 and 2,585 respectively were referrals ordered by the court). A total of 675 proceedings were discontinued because the court approved a settlement reached before a mediator.
In out-of-court mediation procedures in 2024, mediators submitted 109 protocols to regional courts and 32 to district courts, and parties submitted 121 applications for settlement approval (31 to district courts). Courts approved 144 settlements in total (36 in district courts).
“One of the major problems in Poland lies with legal representatives—attorneys and legal advisers—who do not use mediation because they do not understand how beneficial it can be for them and their clients. Procedural lawyers often believe that they, as trained professionals, can reconcile the parties themselves, and if they fail, they assume no one else will succeed. Consequently, they do not recommend mediation to their clients. This is why the Ministry of Justice proposed mandatory referral to mediation—to act as an educational tool for both parties and their legal representatives,”
— argues Małgorzata Miszkin-Wojciechowska.
