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Mediation is an attempt to bring about an amicable settlement, a mutually satisfactory resolution of the dispute through voluntary negotiations with the participation of a third party neutral to the parties and their conflict - a mediator. The mediator moderates the discussions, assuages tensions and assists in reaching, but not imposing, a solution and in reaching an agreement.
Who is a mediator?
A mediator is a person chosen by the court or the parties to the dispute, who helps the parties resolve a dispute and conclude a settlement. The mediator is not a judge, does not issue a ruling, and does not advise or give its opinion. The mediator moderates the dialogue between the parties and draws up the minutes of the meeting by not recording the substance of negotiation but only most important issues of the case, including who mediated, when and with whom, and whether an agreement was concluded. The mediator advises the parties about the effects of the settlement and the procedure for attaching an enforcement clause to the settlement in the case of a court referred case or in a contractual mediation.
Mediation preserves the impartiality and confidentiality guaranteed under the provisions of the Polish Code of Civil Procedure. Eminent lawyers and experienced practitioners, trained in mediation centers abroad (in the US, UK and Germany) are mediators at the Lewiatan Mediation Centre. All mediators comply with the Code of Ethics for Mediators adopted by the European Commission and the Code of Ethics for Mediators adopted by the Polish Civic Council of ADR at the Ministry of Justice.
Take advantage of mediation!
The Lewiatan Mediation Centre maintains a list of neutral mediators and provides professional mediation services, including:
· supporting the mediation process;
· managing the process; and
· documenting its course.
What should I do to start mediation?
Step 1: Submit an application for mediation to the Centre.
Step 2: Pay the initial fee.
Step 3: The Centre asks the other party for consent to the mediation.
Step 4: Select or approve the mediator appointed by the President of the Lewiatan Mediation Centre.
Step 5: Mediation begins (the mediator arranges the first meeting with the parties)."
The costs of the mediations proceedings will be calculated according the Rules of Mediation of Lewiatan Mediation Center. For more details please contact: email@example.com.
The parties shall submit any disputes arising out of or in connection with this agreement ("Dispute" or "Disputes") to resolution through mediation in the Lewiatan Mediation Centre at the Confederation Lewiatan, in accordance with the Rules of that Centre as applicable on the day when the mediation starts. Either party may unilaterally withdraw from mediation at any time.
"Any dispute arising out of or related to this contract shall be finally settled by the arbitral tribunal at the Lewiatan Court of Arbitration in Warsaw in accordance with the Rules of that Court in effect on the date of commencement of the proceedings."
The following provisions may be added to the arbitration clause:
"The place of arbitration shall be ...." (If the place of arbitration is to be other than Warsaw)
"The language of arbitration shall be ...." (If the language of arbitration is to be other than Polish)