Table of Contents:
- Since when is there an obligation to inform the court about attempts at amicable dispute resolution made by the parties?
- What changes does the draft law on amendment of certain other acts for the purpose of deregulating economic and administrative law and improving the principles of developing economic law foresee?
- What will be the consequences of failing to comply with the obligation to provide information about attempts at amicable dispute resolution?
Since when is there an obligation to inform the court about attempts at amicable dispute resolution made by the parties?
By virtue of the Act of September 10, 2015 amending certain acts in connection with supporting amicable methods of dispute resolution, as of January 1, 2016, the Polish legislator introduced an obligation for the plaintiff to inform the court in their filed lawsuit whether the parties attempted mediation or other extrajudicial methods of dispute resolution, and if no such attempts were made, to explain the reasons for not doing so. [art. 187 § 1 pkt. 3 k.p.c.]
As stated in the rationale of the amending bill, the purpose of this provision was to raise awareness among citizens about the existence of mediation and other extrajudicial methods of dispute resolution, and to encourage and persuade parties to avail themselves of such alternatives.
What changes does the draft law on amendment of certain other acts for the purpose of deregulating economic and administrative law and improving the principles of developing economic law foresee?
Published on April 5, 2024, the draft law on amendment of certain other acts for the purpose of deregulating economic and administrative law and improving the principles of developing economic law envisages expanding the aforementioned obligation to include specifying when and how the parties attempted mediation or other extrajudicial methods of dispute resolution [new art. 187 § 1 pkt. 11 k.p.c.].
What will be the consequences of failing to comply with the obligation to provide information about attempts at amicable dispute resolution?
According to proposed art. 1838 § 41 k.p.c., failure to provide information about attempts at amicable dispute resolution or failure to indicate the reasons for not engaging in such discussions will result in the court referring the parties to mediation or summoning them to attend an informational meeting aimed at presenting possible ways to amicably resolve the dispute.
Referral to mediation or an informational meeting will not apply to all categories of cases but specifically to:
economic cases, excluding cases specified in art. 4582 1 pkt 11 and 12 k.p.c.; non-economic cases where the party is a business entity; employment law cases, excluding cases regarding the recognition of the ineffectiveness of termination of employment, reinstatement to work under previous conditions, or reinstatement of previous work conditions or wages along with claims for compensation in cases of unjustified or unlawful termination of employment.
In addition to the above legislative change, the draft law also addresses the error of failing to include information about attempts at amicable dispute resolution by stating in proposed art. 187 § 3 k.p.c. that such omission does not constitute a formal procedural defect preventing the document from being processed.
