On January 7, 2015 the Council of Ministers has adopted the guidelines for the draft law on the promotion of amicable dispute resolution prepared by the Minister of Economy in cooperation with the Minister of Justice. The legislative work involved the contribution of the experts from Allerhand Institute (AI):
Atty. Benedykt Fiutowski, Atty. Bartosz Groele (AI Vice President, Secretary of AI Insolvency Law Section), Atty. Rafał Kos (Member of AI Insolvency Law Section), Atty. Małgorzata Kożuch, PhD., Judge Zbigniew Miczek (Vice President of AI Insolvency Law Section), Atty. Arkadiusz Radwan, PhD. (the President of Allerhand Institute), Atty. Kamil Zawicki (the Chairman of AI Dispute Resolution Section).
The main proposals of the changes in the field of mediation: introducing the duty to include the information in the lawsuit whether the parties attempted to settle the matter amicably before referring the matter to court; reinforcing the duty of the court to inform the parties about the possibility of referring the case to mediation, particularly at the initial stage of the proceedings; arranging procedural issues relating to mediation (e.g., the parties will be given priority in selecting the mediator); introducing the requirements in respect of the qualifications of permanent mediators to ensure high quality services; including the costs of the mediation pursued as a result of a referral by the court to court costs, which will enable cost exemption in mediation for destitute people; creating a system of financial incentives in respect of court costs, i.e. the court will be provided with the opportunity to impose the costs on the party who manifestly unreasonably refused to submit to mediation.