MEDIATION IN EUROPE AND IN HUNGARY INTERNATIONAL CONFERENCE ON COURT ANNEXED MEDIATION Getting real sense of achievement as a judge during mediation procedure Judge Tomasz Kaluzny District Court Bialystok / Poland HUNGARIAN ACADEMY OF JUSTICE

DISTRICT COURT IN BIALYSTOK ONE OF THE LARGEST COURTS IN POLAND ALL TYPES OF DEPARTMENTS ARE REPRESENTED APPROXIMATELY 500 STAFF MEMBERS FROM VARIOUS PROFESSIONAL GROUPS LONG EXPERIENCE IN MODERNIZATION OF COURT MANAGEMENT PLEASE VISIT OUR WEBSITE TO FIND MORE: -

JUDICIARY OF POLAND AND THE COURT OF APPEAL IN BIALYSTOK Wpływ Załatwienie Pozostałość

What about MEDIATION ? …more then 15 mln cases in the court system but less then 1% mediation…

MEDIATION - initiatives several pilot projects regarding mediation organized by governmental and non governmental entities especially family, civil and commercial area amendments in procedural civil law

MEDIATION – challenges for the future… AMANDEMENTS IN PROCEDURAL LAW WITH THE IDEA OF SUPPORTING ALTERNATIVE DISPUTE RESOLUTIONS changes introduced since 1st of January 2016 with the act amending rules regarding support for ADR methods (Dz.U )

MEDIATION – challenges for the future… the system of procedural and organizational improvements and also economic motivations was implemented in order to encourage parties to attempt to reach a solution before the court trial an obligation to inform in the claim (the procedural requirement), if the parties have tried mediation or other ADR method before starting an action before the court

MEDIATION – challenges for the future… the activity of a court (judge) within the proceeding in the case, aiming at encouraging the parties to reach an agreement the possibility to obligate the parties to participate in an information meeting concerning the mediation before the trial (sanction of charging the cost of proceeding in the final verdict) the analysis of mediation capacity of the case before starting the adjudication process the possibility to make the parties participate in mediation at every stage of the proceedings (from the beginning to the end of the process)

MEDIATION – challenges for the future… implementing economic incentives encouraging to reach a settlement, especially at the beginning of the proceeding (reimburse for the court costs) and introducing sanctions of charging the parties with trial costs in case of ungrounded refusal to submit to mediation

MEDIATION – factors of using ADR expectations of parties regarding reduction of time and cost of trials - increasing parties’ awareness about possibilities and advantages of ADR necessary change in the attitude to giving justice involvement of parties and their lawyers, judges, mediators, judges assistants, administrative staff and all legal organisation in using ADR

MEDIATION – factors of using ADR TAKING CARE OF MUTUAL TRUST BETWEEN ALL PARTICIPANTS OF COURT PROCEEDINGS

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MEDIATION – real sense of achievement responsibility for success during mediation ???

MEDIATION – real sense of achievement ACHIEVEMENTS IN JUDGES’ PRACTICE: think in a simple way, produce judgments, give justice to parties of the dispute

MEDIATION – real sense of achievement what about equity, compromise, agreement, settlement… But the question is - what is justice ???

MEDIATION – real sense of achievement In Polish law system judges cannot conduct mediation but in the trial judges are allowed to encourage and to support negotiation between parties and have right to direct parties to mediation

MEDIATION – real sense of achievement after recent amendments in procedural law judges have more power to influence the mediation process in order to help parties to reach an agreement

MEDIATION – real sense of achievement legal provisions become more complex (difficulties with understanding the law) obligation of using national and EU law many problems with interpretation of law cross – border cases globalisation of law systems (also trough using ICT Technologies) THE ANSWER IS SIMPLICITY

MEDIATION – real sense of achievement let’s try to make the facts simple let’s try to use the understandable law be ready for compromise

MEDIATION – real sense of achievement SIMPLICITY IS THE FUNDAMENT OF AGREEMENT nowadays there are more and more settlements and more successful mediations

MEDIATION – real sense of achievement settlements reached trough mediation process can be approved by the judge (in Polish law system the verification of accordance with law, comprehensibility, exclusions of contradictions and enforceability of settlements has to be approved

MEDIATION – real sense of achievement THE ESSENTIAL OBJECTIVE IS TO CONFIRM THE SETTLEMENT AND TERMINATE THE TRIAL acceptance of win-win solution, no problems with enforcement, responsibility for the own interest in dispute solution, as well as parties’ active participation in the trial

from the past to the future… GOOD, BETTER, BEST – NEVER EVER REST UNTIL YOUR GOOD IS BETTER MAKE YOUR BETTER BEST

MEDIATION – real sense of achievement THE MODERN WAY OF JUSTICE … ALTERNATIVE DISPUTE RESOLUTIONS

MEDIATION - questions ??? …thanks for your attention Judge Tomasz Kaluzny