The 2015 amendment to the Polish Civil Procedure Code provided a legal basis for the evaluative mediation. The amendment intends to improve the effectiveness of mediation in civil and commercial cases in Poland. The aim of the article is to analyse the premises for conducting evaluative mediation under Polish law in the light of the provisions of international law and European Union law, which set forth the standards for conducting mediation in business disputes. The article discusses the concepts of facilitative and evaluative mediation and points out the controversies that may arise against the background of the application of evaluative techniques from the point of view of the basic principles of mediation as a dispute settlement method. The author focuses on the interpretation of the definitions of mediation. She presents fundamental principles of mediation as enshrined in the UNCITRAL Model Law on International Commercial Mediation and International Settlement Agreements Resulting from Mediation (2018) and the EU Directive 2008/52 on certain aspects of mediation in civil and commercial matters, considering them as a point of reference for the analysis of the conditions enabling the mediator to propose to the parties the methods of resolving the dispute that have been adopted in Polish law.
English
Język Polski