Mediation Settlement as an Enforceable Title in Polish Civil Proceedings
Year: 2025
Type: article
Abstract: This article explores the legal nature and procedural framework of mediation settlements within the Polish civil justice system, with particular emphasis on their transformation into enforceable titles. The study examines the dual character of a mediation settlement as both a manifestation of party autonomy and a procedural instrument requiring judicial validation to acquire enforceability. Drawing on a detailed analysis of the provisions of the Polish Code of Civil Procedure, the article delineates the formal prerequisites for judicial approval, the role of the mediator, and the evidentiary significance of the mediation protocol. Special attention is given to the conditions under which a settlement may be granted an enforcement clause and thereby become a legally binding enforcement title. The paper also discusses the limits of judicial discretion, emphasizing the need to verify compliance with public policy, social norms, and legal coherence. Comparative references to court settlements and arbitral awards further contextualize the enforceability of mediation agreements. The analysis highlights both the legal benefits and systemic challenges of integrating consensual dispute resolution mechanisms into formal enforcement structures. Ultimately, the article underscores mediation’s evolving role in modern civil litigation as a bridge between voluntary resolution and state-sanctioned enforcement.
Source: Journal of Law
Author: Mateusz Rubaj
Language: English
Subfield: Strategy and Management
Domain: Social Sciences
Open Access status: diamond
OpenAlex ID: W7089330751