On March 1, 2026, amended provisions of the Code of Civil Procedure (CCP) will come into force, changing the current practice of conducting commercial disputes between entrepreneurs.
The court’s obligation to refer parties to mediation
Pursuant to the newly introduced Article 458 (3) § 1 of the CCP, in cases arising from construction contracts and other contracts closely related to the construction process for the performance of construction works, the court will be obliged to refer the parties to mediation before the preparatory hearing or the first hearing scheduled for the trial.
This rule will not apply in writ-of-payment proceedings, electronic writ-of-payment proceedings, and order-for-payment proceedings, unless an effective objection or defense is raised. In the latter cases, the obligation to refer the parties to mediation will remain in force.
The legislator justified the need to introduce this regulation by the scale and complexity of construction disputes, the volume of evidence gathered in such cases, and the time-consuming and high costs of court proceedings. Mediation, in turn, is intended to contribute to faster dispute resolution at a significantly lower cost.
Importantly, although the court will be obliged to refer the parties to mediation, mediation itself will remain voluntary.
If an entrepreneur is not interested in participating in mediation, they will be entitled to raise an objection within 7 days of the date of announcement or delivery of the court’s decision referring the parties to mediation. Failure to meet this deadline will be considered as consent to participate in mediation.
It is worth remembering that an objection may only be lodged in cases where the party has not previously consented to mediation, including in the form of a request to refer the parties to mediation. In addition, the objection should be reasonably justified, as failure to provide such justification may result in the party being required to reimburse all or part of the costs, regardless of the outcome of the case.
This means that the legislator seeks to strengthen the role of mediation, but does not deprive the parties of their right to refuse to participate in the proceedings.
The legislator rewards mediation – new rules for the reimbursement of court fees
The amendment also provides a significant financial incentive for parties considering mediation. From March 1, 2026, Article 79(1)(2)(ab) of the Act on Court Costs in Civil Cases will also apply, according to which, if a settlement is reached before a mediator at the appeal stage, the court will automatically reimburse the party for three-quarters of the appeal fee paid.
For comparison, the previous regulations provided for only half of the fee to be refunded, and only in the event of a settlement being reached before the court. The new solution therefore means a significantly greater financial benefit for parties who decide to settle their dispute amicably during proceedings before the court of second instance.
Concluding settlements remotely
The amendment to the Code of Civil Procedure also provides for important improvements in the digitization of amicable dispute resolution procedures, including the conclusion of court and mediation settlements.
Firstly, the amendment regulates the possibility of concluding settlements during remote hearings, which until now has raised numerous doubts and in many cases prevented the conclusion of a court settlement without personal attendance at the hearing or session.
Secondly, the mediation protocol and the mediation settlement will be able to be affixed with a qualified electronic signature. In practice, this means that the signing of the settlement will be able to take place entirely remotely, which will particularly facilitate remote proceedings, and in addition, the parties and the mediator will not have to exchange paper documentation.
The changes in this regard will come into force on September 10, 2025.