Entrepreneurs know more and more about alternative dispute resolution methods. Thanks to the Act on supporting amicable methods of conflict resolution, more and more often we talk about mediation also in courts, persuading conflicting parties, practically at each stage of court proceedings to mediate.
It is worth noting, however, that private mediation centres also have an interesting offer for entrepreneurs, offering mediation also without any special intervention or encouragement from the court. Such centres are usually visited by entrepreneurs who take matters into their own hands and, being aware of the enormous benefits of using this method of conflict resolution, turn to a professional economic mediator for help.
Mediation clause
Mediation can always be used, but not less to increase the chance of its application is introduced into agreements (virtually all agreements regulating some business relationship), the so-called mediation clause, which already at the stage of concluding the agreement is a formal expression of the will of the parties to use mediation in the event of a dispute.
Such a clause is nothing more than an additional contractual provision, usually included in the final provisions, indicating this form of resolving potential conflicts, the duration of mediation and often also the center, which the parties can then decide on.
Practically every mediation centre offers exemplary mediation clauses. They can be easily applied by pasting them into their contracts.
Below is an example of a mediation clause in Polish and English recommended by a mediation centre at bilateral chambers of commerce and industry.
“Any dispute which results from such an agreement or which are connected, can be settled amicably by the International Mediation Centre at the International Chambers of Commerce in Poland. If the parties cannot reach a settlement through a mediation proceeding within 60 days from filing the motion for mediation or other term agreed in written form by the parties, each party can file a case to the appropriate court”.
Mediation agreement
Once the parties reach the Mediation Center, they conclude a mediation agreement with the Mediation Center, which in turn refers to the mode of action during the mediation.
A mediation agreement may be concluded in any form, including implied forms, although due to its procedural consequences, it is suggested that the parties remain in writing. Such a mediation agreement may be concluded either before or after the dispute has arisen, including the consent of a party to mediation when the other party has submitted a request for mediation to the mediator.
In their agreement, the parties must in particular specify the subject matter of the mediation and the person to be mediated and the way in which the mediator is chosen or the manner in which he is chosen, but may, under the principle of freedom of contract, include other specific issues relating to the conduct of the mediation, such as the place, time, remuneration of the mediator or the rules governing the conduct of the mediation.
Typically, a mediation agreement is a simple agreement which regulates the fundamental issues of mediation and provides the parties with a roadmap for dealing with conflicts.
It also gives the parties a sense of security and control over the situation, which they usually lose in court when the case is taken over by lawyers and judges.
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