Mediacja ewaluatywna w sprawach gospodarczych w prawie polskim z perspektywy prawa Unii Europejskiej i prawa międzynarodowego
Evaluative Mediation in Business Disputes under the Provisions of Polish Law from a European and International Perspective

Summary/Abstract: The 2015 amendment to the Polish Civil Procedure Code provided a legalbasis for the evaluative mediation. The amendment intends to improve the effectivenessof mediation in civil and commercial cases in Poland. The aim of the article is to analysethe premises for conducting evaluative mediation under Polish law in the light of theprovisions of international law and European Union law, which set forth the standardsfor conducting mediation in business disputes. The article discusses the concepts of facilitativeand evaluative mediation and points out the controversies that may arise againstthe background of the application of evaluative techniques from the point of view of thebasic principles of mediation as a dispute settlement method. The author focuses onthe interpretation of the definitions of mediation. She presents fundamental principlesof mediation as enshrined in the UNCITRAL Model Law on International CommercialMediation and International Settlement Agreements Resulting from Mediation (2018)and the EU Directive 2008/52 on certain aspects of mediation in civil and commercialmatters, considering them as a point of reference for the analysis of the conditions enablingthe mediator to propose to the parties the methods of resolving the dispute thathave been adopted in Polish law.

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