Dispute Resolution Lawyers Poland 2026, Court Referral to Mediation & Arbitration Options

Poland’s Code of Civil Procedure (KPC) amendments that took effect on 1 March 2026 have reshaped how construction disputes reach, and move through, the courts. Under the new Art. 458³a, judges are now required to refer qualifying construction cases to mediation before the first preparatory hearing, while a reformed Art. 1161(1) gives parties a clearer statutory pathway to convert pending litigation into arbitration by mutual agreement. For contractors, developers, investors, and the dispute resolution lawyers Poland relies on in the construction sector, these changes demand immediate updates to pre-litigation strategies, contract templates, and courtroom tactics. This guide sets out every procedural step, deadline, and drafting consideration that in-house counsel and external advisers need to act on now.

What Changed, CCP Amendments Effective 1 March 2026

The amendments to the Code of Civil Procedure were promulgated in Dziennik Ustaw (Dz.U. 2026.468) and entered into force on 1 March 2026. The legislative package pursues two complementary objectives: channelling construction disputes into mediation at an early stage, and providing a formal mechanism for parties that prefer arbitration to exit court proceedings by consent.

The centrepiece is Art. 458³a KPC, which establishes a mandatory court referral to mediation for disputes arising from contracts for construction works (roboty budowlane). Once a statement of claim is filed and the court determines the case falls within the scope of Art. 458³a, it must order the parties to attempt mediation before the preparatory hearing or, where no preparatory hearing is scheduled, before the first hearing on the merits. This is not a discretionary invitation, the court is obliged to make the referral for covered cases.

Separately, Art. 1161(1) KPC, sometimes referenced in practitioner shorthand as “Code of Civil Procedure 1161¹”, now provides an explicit statutory basis for converting state-court proceedings into arbitration. Under this mechanism, the parties may submit a joint agreement to the court requesting that the case be transferred to a chosen arbitral tribunal. The court assesses whether the agreement meets formal requirements and does not conflict with public policy before staying or terminating its own proceedings.

Taken together, the reforms expand the ADR options Poland makes available in the construction sector and create new procedural obligations that every party, claimant and defendant alike, must plan for from the outset.

Key Articles to Know

• Art. 458³a KPC, Mandatory court referral to mediation for construction-works disputes; court must order mediation before the preparatory hearing.
• Art. 1161(1) KPC, Statutory basis for converting pending court proceedings into arbitration by joint party agreement, subject to court review of form and public-policy compliance.
• Art. 79 KPC (court-costs incentives), Provides for partial reimbursement of court fees where a case settles through mediation, incentivising early resolution.

Which Construction Disputes Are Covered, Scope and Exclusions

Art. 458³a applies to disputes that arise from umowa o roboty budowlane, contracts for construction works as defined in the Polish Civil Code. The scope is broad and captures the full lifecycle of a construction project, from design through to defect-rectification claims. Industry observers expect courts to interpret the provision purposively, covering most commercial construction litigation.

Included Claim Types, Practical Examples

• Payment disputes: Claims by contractors or subcontractors for outstanding remuneration, interim certificates, or final account balances.
• Defects and warranty: Investor or owner claims for rectification costs, damages arising from defective workmanship, or warranty-period obligations.
• Delay and liquidated damages: Claims for contractual penalties, prolongation costs, or loss arising from late completion.
• Design disputes: Claims between investors and designers for deficient project documentation or design errors that caused construction defects.
• General contracting and subcontracting: Disputes between a general contractor and subcontractors concerning scope, variations, or back-charges.
• Investor-supervision disputes: Claims connected with the obligations of the investor’s inspector of supervision (inspektor nadzoru inwestorskiego).

Exclusions and Grey Areas

The amendment targets commercial construction contracts. Consumer disputes, where one party is an individual acting outside trade or business, are generally excluded from the mandatory mediation referral, although courts retain discretion to propose mediation in such cases. Disputes concerning public-procurement contracts for construction works are, however, covered; public entities should expect to participate in court-ordered mediation. Early indications suggest that pure supply contracts (e.g., delivery of materials without installation) may fall outside Art. 458³a, but court practice will need to clarify the boundary.

Court Referral to Mediation, Process and Timeline Under Art. 458³a

The court referral to mediation procedure follows a defined chronology. Understanding each stage, and when a party can (and cannot) object, is essential for dispute resolution lawyers Poland practitioners advising on construction claims.

Step-by-Step: From Filing to Mediation and Back

1. Statement of claim filed. The claimant lodges proceedings in the competent court. The claim should already address the claimant’s willingness to mediate and, ideally, propose a mediator or mediation centre.
2. Court assessment. The presiding judge reviews whether the dispute falls within Art. 458³a. If it does, the court is obliged to issue a referral order.
3. Referral order issued. The court orders mediation before the preparatory hearing (or, if none is scheduled, before the first hearing). Parties are notified and given a period to agree on a mediator. If they cannot agree, the court appoints one from the list of permanent mediators.
4. Mediation period. The mediation typically runs for a period set by the court. In practice, industry observers expect most construction mediations to last between 30 and 60 days, although complex multi-party disputes may require longer. Mediation may be conducted in person, by videoconference, or through a hybrid format.
5. Settlement or return to court. If the parties reach a settlement, the mediator submits the settlement protocol to the court for approval and enforcement. If mediation fails or a party refuses without justified reason, the case returns to the court for litigation on the merits.

Court Referral Timeline and Consequences by Stage

Court’s Role vs Parties’ Voluntariness

A critical distinction: the referral to mediation is mandatory for covered cases, but mediation itself remains voluntary. The mediator cannot impose a settlement, and no party can be forced to accept terms. What the law does impose is a procedural obligation to participate in the mediation process, to attend, engage, and make a genuine attempt at resolution. A party that refuses to participate without a justified reason does not face a criminal sanction, but it does face potentially significant cost consequences that can shift the economics of the entire dispute.

How Dispute Resolution Lawyers in Poland Should Prepare, Practical Checklist

The mandatory mediation Poland framework changes how counsel and parties should approach the period before litigation is filed, and the critical first weeks after service. Below is a step-by-step checklist for contractors, developers, and their legal teams.

Pre-Filing and Defence Checklist

• Audit existing ADR clauses. Review every current construction contract for mediation and arbitration provisions. Identify gaps where the new Art. 458³a referral is not addressed.
• Preserve and organise documents early. Gather the core evidentiary bundle before filing: the contract and all amendments, change orders, payment applications, interim and final certificates, site diaries, progress reports, and correspondence.
• Prepare a mediation position statement. Draft a concise document setting out the factual chronology, legal basis of the claim or defence, the damages or relief sought, and realistic settlement parameters. This should be ready before the court referral order arrives.
• Shortlist mediators. Research mediators with construction-sector experience. Consider mediators from recognised centres such as the Mediation Centre at the Lewiatan Confederation, the Court of Arbitration at the Polish Chamber of Commerce (KIG), or regional bar-association mediation panels.
• Appoint lead counsel early. Ensure the instructed lawyer is experienced in both construction mediation Poland proceedings and the substantive law, so that mediation and litigation strategies are aligned from the start.
• Budget for mediation costs. Factor in mediator fees, preparation time, expert consultations, and potential travel. Mediation is substantially cheaper than a full trial, but costs are not zero.
• Obtain internal approvals. Ensure the settlement authority of the person attending mediation is clear and documented. Mediation fails when representatives lack authority to agree terms.
• Commission expert evidence where needed. In defect or delay cases, an early expert opinion (even a preliminary one) strengthens the mediation position and avoids surprises.

Sample Pre-Mediation Document Bundle

• Executed construction contract, annexes, and general conditions
• All change-order requests and approvals (or rejections)
• Payment applications, invoices, and proof of payment or non-payment
• Site diaries, progress photos, and inspection reports
• Relevant correspondence (formal notices, delay notifications, cure requests)
• Preliminary expert report or technical assessment (if available)
• Summary of claimed damages with supporting calculations

For a detailed, downloadable version of this preparation checklist, see our guide on how to prepare for mandatory mediation in a Polish construction claim.

Converting Litigation to Arbitration, Article 1161(1) Explained

The second major reform introduced by the 1 March 2026 amendments is the statutory mechanism to convert litigation to arbitration Poland parties have long sought clarity on. Art. 1161(1) KPC now provides that, at any point before the court issues a final judgment, both parties may jointly apply to transfer the case from the state court to a chosen arbitral tribunal.

How the Conversion Works, Step by Step

1. Negotiate a conversion agreement. Both parties must agree in writing to submit the dispute to a specified arbitral tribunal. The agreement should identify the arbitral institution (or an ad hoc tribunal), the seat of arbitration, the applicable arbitration rules, and the language of proceedings.
2. Submit the joint application to the court. The parties file the conversion agreement with the court handling the case, together with a request to stay or terminate the state-court proceedings.
3. Court review. The court examines whether the agreement meets formal requirements (written form, identification of parties and dispute, chosen tribunal) and whether transferring the case to arbitration would not violate public policy or prejudice consumer rights.
4. Court order. If satisfied, the court stays or terminates its proceedings and directs the parties to commence arbitration. If the court identifies a deficiency in form or a public-policy concern, it may reject the application and retain jurisdiction.

The likely practical effect of Art. 1161(1) will be greatest in high-value, technically complex disputes where both parties prefer the confidentiality, flexibility, and specialist expertise that arbitration offers, but where litigation was commenced before an arbitration agreement existed or before the parties appreciated the advantages of arbitration.

Practical Considerations and Red Flags

• Timing. The application must be filed before the court renders a final judgment. Applying at or near the close of evidence may provoke scepticism from the court.
• Consumer disputes. Courts will scrutinise conversion requests involving consumer parties with particular care; the public-policy review may block conversion if it would deprive a consumer of mandatory protections.
• Collusion risk. Where a third party (e.g., a subcontractor or guarantor) has intervened in the court proceedings, the court may examine whether conversion is designed to evade obligations owed to that third party.
• Costs already incurred. Court fees already paid are generally not refundable upon conversion; the parties should factor this into the cost-benefit analysis.

Sample Conversion Agreement Language

Contract Drafting, Mediation and Arbitration Clauses After Poland CCP 2026

The CCP amendments make it critical to update standard dispute-resolution clauses in construction contracts. Clauses drafted before 1 March 2026 may be incomplete or, worse, may create confusion when the court applies Art. 458³a alongside an existing contractual mediation or arbitration provision. Below are model clauses that reflect the new regime, together with guidance on drafting best practice for dispute resolution lawyers Poland practitioners should adopt.

Sample Clauses

Drafting Tips

• Do reference Art. 458³a expressly so all parties understand the court referral mechanism from the outset.
• Do specify a mediation centre, mediator-selection process, and a defined mediation window (30–60 days is typical).
• Do not draft clauses that purport to exclude the court’s referral power, Art. 458³a is mandatory and cannot be contracted out of.
• Do not leave the arbitration seat, rules, or tribunal composition undefined; vague clauses risk being treated as pathological and unenforceable.

When Mediation Fails, Next Steps, Costs, Sanctions, and Enforcement

Mediation does not always produce a settlement. Where the process ends without agreement, the case returns to the court and proceeds along the standard litigation track. The mediation deadlines Poland parties worked to are replaced by the court’s hearing schedule.

However, the court’s record of each party’s conduct during mediation can have tangible financial consequences. Under the amended cost provisions, a party that refused to participate in court-ordered mediation without justified reason may be ordered to bear a higher share of litigation costs, even if it ultimately prevails on the merits. Conversely, a party that engaged in good faith but did not reach a settlement is unlikely to face any penalty; the law penalises obstruction, not failure to agree.

Where a mediated settlement is reached, the mediator submits the settlement protocol to the court. Once approved, the settlement has the enforceability of a court-approved agreement and can be enforced through standard execution proceedings. The settling parties may also apply for partial reimbursement of court fees under Art. 79 KPC, which provides a direct financial incentive for early resolution.

If the parties have an arbitration clause (or agree to convert under Art. 1161(1)), arbitration remains available as a parallel track. An arbitral award, once rendered, may be enforced through the Polish courts via recognition proceedings, giving the prevailing party access to the full range of enforcement measures.

How Experienced Dispute Resolution Lawyers in Poland Can Help

The 2026 CCP amendments do not simply add a procedural step, they change the strategic calculus of every construction dispute from the moment a claim crystallises. Early advice on whether to pursue mediation proactively, how to prepare a position statement that maximises leverage, and when conversion to arbitration offers a tactical advantage can make the difference between a favourable settlement and years of costly litigation.

Global Law Experts connects contractors, developers, and investors with experienced dispute resolution lawyers in Poland who specialise in construction mediation, arbitration, and the new court-referral procedures. Whether you need representation at a court-ordered mediation, assistance drafting compliant ADR clauses for new contracts, or guidance on converting a pending case to arbitration under Art. 1161(1), our network is ready to assist.

For further background, see our earlier alert on obligatory mediation in construction disputes in Poland from March 2026.

This article is for general guidance only and does not constitute legal advice. Readers should seek specific counsel on the facts of their dispute.

Last reviewed: 8 May 2026. Update if legislation, implementing rules, or court guidance changes.

Sources

1. Dziennik Ustaw, Consolidated Text of the Code of Civil Procedure (Dz.U. 2026.468)
2. Gov.pl, Deregulacja / Sprawiedliwość (Official Announcement on CCP Amendments)
3. Global Arbitration Review, Poland: Transforming Arbitration – Legislative Reforms and New Institutional Rules (2026)
4. Dudkowiak & Putyra, Mandatory Mediation in Construction Disputes: Amendments to the CCP Effective 1 March 2026
5. JKLAW, Obligatory Mediation in Construction Disputes: What Do the Amendments Change?
6. In Principle (codozasady.pl), Conversion of State Court Proceedings into Arbitration Proceedings
7. Global Law Experts, Obligatory Mediation in Construction Disputes in Poland from March 2026