POLAND Law and Practice Contributed by: Rafał Waszkiewicz and Bartosz Pyzder, Sołtysiński Kawecki & Szlęzak
12. Alternative Dispute Resolution (ADR) 12.1 Views of ADR Within the Country Mediation is promoted as an effective means of resolving disputes. It is the court’s responsibility to encourage the parties to resolve their dispute amicably, and to refer them to mediation if nec- essary. The use of arbitration is increasing. 12.2 ADR Within the Legal System There is an obligation to provide information in the statement of claim as to whether the parties have attempted mediation or other out-of-court resolution of the dispute. Although the parties have been referred to medi- ation by the court, it is a voluntary process. There are no sanctions for unreasonably refusing ADR. 12.3 ADR Institutions Institutions offering and assisting ADR are well organised. There are institutional and individual mediators. 13. Arbitration 13.1 Laws Regarding the Conduct of Arbitration Arbitration in Poland is allowed in a wide scope of matters. As a rule, it is much faster than pro- ceedings before a state court. Litigation before a state court is not permitted when there is a valid and effective arbitration clause and either the defendant or the partici- pant raises this objection before the dispute on the merits. Such objection must be made in the statement of defence before the discussion on
The attorney’s fees that may be reimbursed are fixed by a legal regulation which means that, even if the actual attorney’s remuneration paid by the successful party was higher, it will not be reimbursed in the full amount. The decision on the reimbursement of costs may be challenged in an appeal or, if the party does not want to file an appeal, in a complaint. The decision regarding the costs of proceed- ings of the second instance may be challenged in a complaint addressed to the court of second instance (the complaint is heard by the other judges). 11.2 Factors Considered When Awarding Costs In deciding the costs, the court takes into account the outcome of the case. Irrespective of the outcome of the case, the court may impose an obligation on a party or an intervener to reimburse the costs occasioned by their negligent or manifestly wrongful conduct. 11.3 Interest Awarded on Costs Interest is payable on the sum awarded as the reimbursement of legal costs at the statutory rate for delayed payment from the date the deci- sion awarding them became final until the date of payment. This applies only to cases initiated after 7 November 2019. If the case began before this date, there is no interest on costs. The obli- gation to pay interest is decided by the court ex officio.
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