Living in different countries does not prevent a joint discussion. Online mediation can reduce travel and make it easier to negotiate financial arrangements, but it needs linguistic and legal preparation. Before setting a date, establish who will participate, how they understand the documents and where the agreement is intended to be performed. Being able to connect online does not determine the applicable law or which court can approve a settlement.
Key points before you start
- Agree the language, translation of documents and how the agreement will be signed.
- Check applicable law, jurisdiction and enforcement abroad as separate questions.
- Online mediation does not require the ODR platform, which closed in 2025.
What makes a dispute cross-border?
Agnieszka Rękas discusses the European framework for mediation and the practical difficulties created by distance. Directive 2008/52/EC concerns certain cross-border disputes in civil and commercial matters. Article 2 connects that category, among other factors, to parties being domiciled or habitually resident in different Member States at the relevant time. A foreign language, nationality or trip abroad does not alone establish that the definition is met.
The Directive does not cover rights and obligations that the parties cannot freely dispose of, or revenue, customs and administrative matters. Denmark is not bound by it. A dispute involving someone outside the EU framework may still be suitable for discussion, but EU rules cannot automatically determine its legal basis or the effects of a settlement. Family disputes also require examination of the rules governing the particular issue.
Sources for this section: [1, pp. 83–85] [2] [3]
How should the meeting and translation be organised?
First collect the information needed to identify the participants and subject matter: countries of residence or establishment, the contract, existing proceedings and urgent deadlines. Agree a common language, whether an interpreter is needed, translation costs and the working version of documents. If several language versions are produced, discuss their consistency and which will govern if they differ.
Article 183¹¹ KPC permits a remote mediation meeting with the parties’ consent. A connection test, attention to time zones and a quiet space without bystanders are useful practical steps. Agree how documents will be shared and how each party can consult their lawyer separately. The interpreter should understand the nature of the discussion and confidentiality rules. Mention language support before booking so that its availability can be checked.
Sources for this section: [1, pp. 84, 94] [4]
Can the agreement be enforced in another country?
Article 6 of the Directive provides for a request to make a written mediated agreement enforceable, by the parties or one of them with the others’ explicit consent. The mechanism depends on the relevant national law. In Poland, Articles 183¹³–183¹⁵ KPC address court approval and an enforcement clause where the terms are capable of enforcement. Special requirements concerning legal form continue to apply.
Obtaining enforceability in one country and pursuing enforcement in another require separate analysis. Identify the applicable instrument, the type of document and any certificates or translations required. Not every agreement signed during a video call automatically becomes enforceable abroad. Before signing, also examine the law governing the obligation and the court’s competence. Choosing a mediator in Kraków does not by itself establish the jurisdiction of Polish courts.
Sources for this section: [1, pp. 91] [2] [3] [4]
Time limits and current routes to assistance
Article 8 of the Directive protects the possibility of later pursuing a claim, in relation to limitation periods. In Polish contractual mediation, Article 121(5) KC suspends limitation for claims covered by the mediation agreement for the duration of mediation. The general interruption rule described in the 2014 book should not be carried over into current advice. In an international case, a lawyer should check the applicable rules, relevant dates and whether proceedings have effectively begun.
The European ODR platform closed on 20 July 2025 and no longer accepts new cases. The European Commission now directs consumers to Consumer Redress in the EU for information about routes to assistance. This is separate from private online mediation. Before choosing a procedure, check the category of dispute, the competent body, the costs and its relationship with any existing court case.
Sources for this section: [1, pp. 92] [2] [5] [4] [6]
Educational scenario — a fictional example, not a case handled by the Foundation.
A service contract between Kraków and Berlin
In this fictional example, a contractor in Kraków and a customer in Berlin dispute the final payment and delivery of documentation. They want to meet online. Before the session, they agree the language, translation of key contractual clauses and participation by people authorised to make decisions.
A possible draft links delivery of specified files to payment by an agreed date. Before signing, the parties obtain advice about applicable law and how an enforceable instrument could be obtained and used where needed. The example illustrates the sequence of preparation, not a guaranteed process or outcome.
Questions about this topic
Does everyone have to travel to Poland?
A mediation meeting under Polish procedural rules can take place remotely with the parties’ consent. Signing the agreement, the required legal form and any later steps before a court or other authority must still be arranged separately.
Sources for this section: [4]
Is a Polish settlement automatically enforceable throughout Europe?
Sources and further reading
- Agnieszka Rękas, Uregulowania prawne mediacji transgranicznej w polskim prawie, w: Janina Czapska, Maksymilian Szeląg-Dylewski (red.), Mediacje w prawie, Wydawnictwo Uniwersytetu Jagiellońskiego, Kraków 2014, s. 83–95. ISBN 978-83-233-3672-3.
Pages cited from this edition: 83–85, 91–92, 94.
- Dyrektywa Parlamentu Europejskiego i Rady 2008/52/WE z 21 maja 2008 r. w sprawie niektórych aspektów mediacji w sprawach cywilnych i handlowych; w szczególności art. 1–2 i 6–8.
- Europejski portal e-Sprawiedliwość: mediacja, organy właściwe do nadawania wykonalności ugodom i informacje krajowe.
- Ustawa z dnia 17 listopada 1964 r. – Kodeks postępowania cywilnego, tekst jednolity Dz.U. z 2026 r. poz. 468, ze zmianami; w szczególności art. 183¹–183¹⁵, art. 259¹, art. 436 i art. 445².
- Ustawa z dnia 23 kwietnia 1964 r. – Kodeks cywilny, tekst jednolity Dz.U. z 2026 r. poz. 795; w szczególności art. 121 pkt 5–6, art. 917–918 oraz przepisy o formie czynności prawnych.
- Komisja Europejska, Site relocation: zamknięcie europejskiej platformy ODR 20 lipca 2025 r. na podstawie rozporządzenia (UE) 2024/3228.
An original article inspired by Agnieszka Rękas’s chapter in Mediacje w prawie (2014). Page references document the literature’s historical perspective. Legal rules and available services were checked independently as at 23 October 2026, particularly limitation and enforcement of agreements.
Educational material based on sources checked on 23 October 2026. It does not replace an individual legal assessment of a particular case. The scenarios are fictional and do not describe clients’ experiences or outcomes achieved by the Foundation. Legislation, judgments and research publications are cited alongside the relevant topics; DOIs are provided only for publications that have such an identifier.