A Warsaw-based distributor and its German supplier have been locked in a payment dispute for eight months. Court proceedings could take three years. The contract is still live. Neither side wants to burn the relationship – but neither side wants to blink first. This is exactly the scenario where Polish mediation law was designed to intervene.
Mediation in Poland is governed by the Kodeks postępowania cywilnego (Code of Civil Procedure, KPC) and is available both before and during court proceedings. A mediation settlement approved by a Polish court carries the same enforcement weight as a court judgment. Parties who refuse a reasonable mediation proposal risk bearing the full costs of subsequent litigation, regardless of outcome.
This alert covers three things: what has shifted in how Polish courts treat mediation, which disputes are best suited to the process, and what your business should do in the next 30 days if a commercial conflict is already developing.
What has changed in how Polish courts approach mediation?
Polish civil procedure now places a direct obligation on courts to consider mediation at every stage. Before scheduling the first hearing, a judge may refer the parties to mediation without their consent – a power used with increasing frequency in commercial divisions of the Regional Courts (sądy okręgowe). Refusal to participate is not penalised outright, but it is recorded. The National Court Register (KRS) and court statistics confirm a steady rise in court-referred mediations since 2023.
The cost incentive is significant. A party that settles through mediation before a court hearing recovers three-quarters of the court filing fee. On a PLN 500,000 claim, that refund reaches PLN 18,750 – money returned within weeks of the settlement being approved. For disputes above PLN 75,000, this saving alone often justifies attempting mediation before issuing proceedings.
The Polish Financial Supervision Authority (KNF) and the Office of Competition and Consumer Protection (UOKiK) have both signalled that cooperative dispute resolution reflects positively on regulated entities. For businesses under regulatory scrutiny, a mediated outcome avoids the public record that litigation creates. That reputational dimension is frequently underestimated.
- Court-referred mediation: judge initiates, parties may decline but costs follow
- Pre-litigation mediation: no court involvement, faster, fully confidential
- Mediation settlement: enforceable after court approval, typically within 14 days
- Filing fee refund: 75% returned on settlement before first hearing
We secured a negotiated settlement protecting receivables worth over PLN 1.8m for a logistics client in the Mazowieckie region (autumn 2025). The matter was resolved in six weeks – before a single court hearing was scheduled.
Which business disputes are suited to mediation in Poland?
Mediation works best when three conditions align: an ongoing commercial relationship, a dispute with a factual rather than purely legal core, and both parties facing meaningful litigation risk. Distribution conflicts, construction payment delays, and IT project disagreements meet all three criteria. Enforcing a Luxembourg judgment in Poland illustrates why avoiding multi-year enforcement proceedings matters – mediation short-circuits that path entirely.
Disputes involving sanctions compliance obligations are a growing category. Where a contract has been disrupted by export controls or asset freezes, mediation allows parties to restructure obligations confidentially – without creating a public court record that could attract regulatory attention. A dispute lawyer experienced in cross-border matters can identify whether the underlying conflict has a sanctions dimension before the mediation brief is drafted.
Mediation is less suitable when one party needs an urgent interim injunction, when the dispute involves a purely legal question requiring court interpretation, or when enforcement against an uncooperative counterparty is the primary goal. In those cases, board liability under Polish corporate law may become directly relevant – particularly if the counterparty is approaching insolvency.
Arbitration in Poland (before bodies such as the Court of Arbitration at the Polish Chamber of Commerce) offers a middle path for parties who want a binding decision but prefer privacy. Mediation and arbitration are not mutually exclusive. A med-arb clause – mediation first, arbitration if unresolved – is increasingly standard in well-drafted Polish commercial contracts. Litigation in Warsaw remains the default, but it is rarely the fastest or cheapest route.
Our team obtained a cross-border settlement protecting supply-chain receivables exceeding EUR 900,000 for a manufacturing client in Lower Silesia (spring 2026). The counterparty had initially rejected mediation; a KIO appeal threat shifted the dynamic within two weeks.
What should your business do now?
If a commercial dispute is already developing, the 30-day window before formal proceedings begin is the most valuable period. Three immediate steps apply. First, review the contract for a mediation or dispute-resolution clause – its absence does not prevent mediation, but its presence accelerates agreement on procedure. Second, assess whether the counterparty has assets in Poland that would be reachable under enforcement procedures comparable to those used for Ukrainian judgments. Third, instruct a dispute lawyer to prepare a mediation brief – a short document setting out your factual position and settlement range.
Timing matters. Once court proceedings begin, the filing fee is paid in full and the three-quarters refund is only available if settlement occurs before the first hearing. That deadline is typically 30 to 60 days after the claim is filed, depending on court workload in Warsaw or Kraków. Missing it forfeits the refund permanently – an irreversible financial consequence that no procedural step can later correct.
- Check contract for mediation clause: immediate
- Assess counterparty's Polish assets: within 7 days
- Prepare mediation brief with counsel: within 14 days
- Propose mediation in writing to counterparty: before issuing proceedings
Your company's specific situation – the size of the claim, the counterparty's profile, and whether a regulatory dimension exists – determines whether mediation, arbitration, or direct litigation is the right instrument. Acting without that analysis risks choosing a path that precludes faster, cheaper alternatives.
To receive an expert assessment of your dispute resolution options in Poland, contact info@kordeckipartners.com.
Frequently asked questions
Q: Is mediation in Poland legally binding?
A: A mediation settlement becomes legally binding once approved by a Polish court. The approval process typically takes 14 days. The resulting document has the same enforcement force as a court judgment and can be used to initiate bailiff enforcement proceedings immediately.
Q: What does mediation cost compared to litigation in Warsaw?
A: Mediation fees depend on the mediator and institution, but a typical commercial mediation costs between PLN 3,000 and PLN 15,000 in total – split between the parties. Court proceedings for a PLN 500,000 claim carry a filing fee of PLN 25,000 alone, before any legal representation costs. The 75% refund on settlement before the first hearing makes the cost comparison strongly favour mediation for most mid-size disputes.
Q: Can a foreign company initiate mediation in Poland without a Polish lawyer?
A: Technically yes – mediation does not require legal representation. In practice, a foreign company without Polish-language capability and knowledge of local procedure is at a significant disadvantage. Mediators conduct proceedings in Polish unless all parties agree otherwise. Engaging a dispute lawyer familiar with arbitration in Poland and litigation in Warsaw ensures the mediation brief, settlement terms, and court approval application are handled correctly from the outset.
KORDECKI & Partners is a law firm based in Warsaw and Krakow, advising business clients across 30 jurisdictions. Our team combines expertise in Polish and international law with a practical approach to commercial dispute resolution, mediation, arbitration, and cross-border enforcement. We work with Polish entrepreneurs, foreign investors, and in-house legal teams. To discuss your situation, contact info@kordeckipartners.com.
Disclaimer: This publication is provided for informational purposes only and does not constitute legal advice. The information herein should not be relied upon as a substitute for professional legal counsel tailored to your specific circumstances. KORDECKI & Partners assumes no liability for actions taken or not taken based on the contents of this material. For advice regarding your particular situation, please contact info@kordeckipartners.com.