The range of cases suitable for mediation is wide (it covers every sphere of social and economic relations). The attention of today’s publication will be focused on mediation in the following cases: civil (including economic, family, and labor), administrative, criminal.

Mediation in civil cases

Mediation in civil cases can be conducted in all cases where a settlement is permissible. This type of mediation is regulated in the Code of Civil Procedure.[1]

As a rule, it is possible to settle cases concerning property rights. However, cases concerning non-property rights are not (with some exceptions) subject to settlement (e.g., it is impossible to reach a settlement concerning parental responsibility, but it is possible to establish personal contact between parents and children.)[2]

It is also inadmissible to conclude a settlement under which personal property rights are disposed of, e.g., the right to child support (however, it is possible to cover the content of the right to child support in the settlement, e.g., the amount of child support or the frequency of its payment).

Moreover, mediation is impossible in a writ of payment proceedings, order for payment proceedings, an electronic writ of payment proceedings, cases of adverse possession (usucaption), and court declarations of succession.

Mediation in administrative matters

The Code of Administrative Procedure regulates mediation in administrative cases.[3] The purpose of mediation is to clarify and consider the factual and legal circumstances of the case and plan for its resolution within the limits of applicable law, including by issuing a decision or concluding a settlement.

Under Article 96a § 1 of the Code of Administrative Procedure, mediation may only be conducted during the proceedings if the nature of the case permits it.

These may be cases in which (i) entities have conflicting interests (e.g., a building permit), (ii) there is a conflict between the public interest and the individual interest of an entity (e.g., by imposing an obligation on the party), (iii) the authorities decide within the scope of their administrative discretion.

The following can be the participants in mediation in administrative matters:

• the body conducting the proceedings and the party or parties to the proceedings or
• parties to the proceedings (mediation occurs without the authority’s participation).

Mediation in criminal cases

The Code of Criminal Procedure regulates mediation in criminal cases.[4] It can be carried out both during preparatory proceedings and after the indictment is brought to the court. However, referral to mediation is possible only at the initiative or with the consent of the injured party and the suspect/defendant.

Importantly, criminal proceedings are not concluded by a settlement. A settlement is a document containing the parties’ mutual agreements, such as regarding the manner of ending the case. However, it has no legal force because the court is obliged to issue a judgment anyway.

However, the settlement is still essential because it can be considered when the judge decides the case. This may result in the application of extraordinary mitigation of punishment or the renouncement of inflicting a punishment.

The State Treasury bears the costs of mediation proceedings in criminal cases.

[1] The Code of Civil Procedure Act of November 17, 1964.

[2] P. Rylski (chief editor), A. Olaś (editor of part III), Kodeks postępowania cywilnego. Komentarz. Wyd. 3, Warszawa 2024, Legalis.

[3] The Code of Administrative Procedure Act of June 14, 1960.

[4] The Code of Criminal Procedure Act of June 6, 1997.