This year, International Mediation Day falls on October 15, while Mediation Week will take place from October 12 to 17. Both projects will be held under the slogan “You have the right to mediation.” This year’s celebrations are based primarily on promoting grassroots initiatives—engaging local communities in activities carried out by mediation coordinators in common courts, as well as court presidents and judges, and fostering cooperation between mediation centers, justice practitioners and the Ministry of Justice.

Mediation is a method of resolving conflicts that involves the parties communicating in the presence of a neutral third party. It is an attempt to reach an amicable solution to a criminal conflict that satisfies both parties, through voluntary negotiations conducted with the participation of a mediator.

A case may be referred to mediation only at the initiative of, or with the consent of, the victim and the suspect. The parties to criminal proceedings must therefore consciously and voluntarily consent to participate in mediation.

Why mediation?

Mediation proceedings are an alternative, out-of-court method of resolving conflicts between people. A mediator, as an impartial and neutral person professionally prepared to perform this role, supports and facilitates communication between parties involved in a conflict or dispute. The mediator also helps them choose the best solution developed and accepted by both parties.

Informality and speed of the proceedings

The mediation process gives the parties an opportunity to end the dispute quickly, without having to participate in lengthy and stressful court proceedings.

Lower costs

Mediation proceedings involve lower costs than those incurred in litigation, including court fees, legal representation costs and absence from work during hearings. They also mean lower emotional costs and save time.

The parties have exclusive influence over the resolution of the dispute

In mediation proceedings, the parties decide how to resolve their conflict. The mediator’s task is to facilitate communication between them. The mediator remains neutral with regard to the subject of the dispute, does not suggest solutions, pass judgment or take either party’s side.

Mutual satisfaction with the resolution of the dispute

Unlike other methods of resolving conflicts, mediation is based on the belief that a mutually beneficial outcome is possible—that the important needs and interests of both parties can be satisfied. Working together voluntarily to reach an agreement gives the parties a sense of responsibility for the solution they develop and increases its effectiveness.

Ensuring confidentiality in the mediation process

Mediation proceedings take place on neutral ground, without the participation of third parties—judges, lay judges, attorneys, witnesses, experts and others—in contrast to court proceedings. An impartial and neutral mediator guarantees confidentiality. In family, neighborhood or workplace disputes, the opportunity for a calm conversation in an intimate setting, among those directly concerned, is valuable and makes the process more comfortable. The parties can be sure that the fact of their participation in mediation proceedings, their course and their outcome will not become known to outsiders. This is particularly important when people continue to live or work in the same environment. Discretion in resolving a problem is also important for business owners in the event of a commercial dispute, as it helps preserve trade secrets and the company’s image.

MSW/KMP Jelenia Góra/ii