Good preparation helps you enter the conversation with a clear goal. It does not require a lengthy accusation against the other party. Instead, separate facts from opinions, check the documents and consider which solutions would be workable. You can use the plan below before a meeting in Kraków or online. It does not determine the rules of a particular mediation; its purpose is to gather information that will help organise the process and support your own decisions.
Key points before you start
- Prepare a short chronology and documents relevant to the actual subject of the dispute.
- Write down your needs, possible solutions and points on which you need advice.
- Before signing, check the amounts, deadlines, obligations and authority to represent the parties.
Identify the problem and the need behind it
Instead of starting with “the other party always cheats”, describe a specific event: which payment has not arrived, what work has not been completed or when a problem with contact arrangements arose. Then write down why the issue matters. The need may be predictability, cash flow, calm handovers of a child or a clear allocation of responsibilities.
Separate the outcome you want from the only means you currently consider acceptable. Someone may need a prompt financial resolution while being open to either a single payment or a repayment schedule backed by security. Prepare two or three options and consider their consequences. This is a suggested way to work on your own position, not a requirement to disclose every negotiating limit to the mediator or to make concessions.
Build a small, organised set of documents
Gather the contract and its amendments, important correspondence, payment confirmations and a breakdown of amounts. In a family case, current court decisions, a care calendar and a factual summary of a child’s expenses may help. Do not automatically send your entire inbox. First ask which documents are needed and how to provide them.
If court proceedings are underway, have the case reference and documents showing their current stage ready. Do not mix evidence with informal notes about settlement proposals. Where documents contain other people’s personal information, limit what you provide to what is needed to discuss the case. The material should help participants understand the problem and calculate possible solutions, rather than overwhelm them with attachments.
Sources for this section: [1]
Check who can make a decision
In a business dispute, establish whether someone authorised to represent the business and conclude an agreement will attend. Knowing the case or having taken part in previous negotiations does not itself mean someone has sufficient authority. Ask whether a resolution, the involvement of a second management board member or a power of attorney is needed. A legal act requiring a particular form may involve additional formalities.
The significance of representation is illustrated by the order of the Court of Appeal in Szczecin of 17 September 2018, I AGz 87/18. In reviewing a settlement between related companies, the court examined whether they had been properly represented. The practical lesson is narrow but important: consent given on screen or around a table should come from someone who can validly act for the party. Discovering this only after discussions can delay completion.
Plan for advice and check deadlines
Before mediation, it is worth understanding the rights and obligations that may arise from the documents and which matters cannot be freely agreed. Your own lawyer can assess a draft, tax consequences or the need for security. The mediator must remain impartial and should therefore not be treated as one party’s personal adviser. If you need a consultation, say so in advance and allow time for it.
Make a separate note of court deadlines and limitation periods. The current Article 121 point 5 of the Polish Civil Code (KC) provides for the suspension of limitation periods for claims covered by an agreement to mediate for the duration of the mediation. This does not mean that any telephone call asking about a meeting date protects every claim. How mediation begins, the scope of the case and the transitional provisions need individual assessment.
Questions worth asking the mediator before the meeting
Ask for clear arrangements on costs, time and communication. Find out how breaks and separate conversations are organised, whether a legal representative can attend and how the settlement draft is prepared. If you need an interpreter or adjustments for a disability, raise this in advance. The arrangements should allow every participant to understand the discussion and the documents.
Also prepare questions about the proposed agreement itself: exactly who must do something, by when, in what way and how completion will be confirmed. Check what happens if there is a delay and whether the final financial settlement covers all the agreed matters. It is better to identify a gap before signing than leave it for another dispute. Article 183¹⁴ KPC provides for court scrutiny of a settlement, including whether its terms are unclear or contradictory.
Sources for this section: [1]
Educational scenario — a fictional example, not a case handled by the Foundation.
One page instead of thirty pages of allegations
In this fictional scenario, former business partners want to settle accounts for equipment they purchased. Before mediation, each prepares a chronology, a list of items, purchase documents and information about who is currently using what. Instead of reading out the entire history of their partnership, they start with four disputed items. Invoices are missing for two of them, so they agree a deadline for finding them.
A hypothetical proposal separates the return of equipment from an additional cash payment. The parties plan to check the valuation and documents with their advisers before accepting the final wording. The example shows the benefit of preparing material for the discussion: it becomes possible to distinguish a real disagreement from a lack of information. It does not establish that the dispute will end in a settlement or that any particular amount will be correct.
Questions about this topic
Can I bring a lawyer to mediation?
You can discuss a legal representative’s attendance with the mediator and the other participants. Agree their role and authority in advance, especially if they are to sign the settlement on your behalf.
Do I have to state straight away the amount I will accept?
No. You can first clarify the basis of the calculation and ask for the information you need. Mediation remains voluntary, and a working proposal does not have to become a term of the final settlement.
Sources for this section: [1]
Sources and further reading
- 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.
- Postanowienie Sądu Apelacyjnego w Szczecinie z dnia 17 września 2018 r., I AGz 87/18; badanie reprezentacji stron przy zatwierdzaniu ugody mediacyjnej. Tekst orzeczenia w SAOS.
- 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.
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.