What is free mediation?
Free mediation is addressed to individuals in conflict. It is led by a mediator helping the parties to reach an agreement, without going to court.
Free mediation is an amicable dispute resolution. It is offered within the free legal aid and citizens advice. The objective of mediation is to reach an agreement between parties in conflict, through a dialogue, and with the help of a mediator.
The mediator may also help citizens to prepare a mediation contract, a request for mediation at court, a request for penal mediation, or a request for a confirmation of the mediation results by a court.
Attention! Free mediation does not include mediations mandated by the court, nor cases where the parties are suspected to resort to violence.
Who can benefit from free mediations?
Free mediations are available to all individuals in conflict wishing to solve it amicably. Self-employed entrepreneurs are also entitled to it. Those requesting mediations must meet the inclusion criteria for free legal aid.
Free mediations might start both before and during trial, unless the court already recommended them.
Attention! Mediations between parties cannot be run by advisors or lawyers who previously counselled any of the parties.
How can I sign up for a mediation?
- by phone – calling the given Poviat registration number;
- online – sending an email to the given Poviat’s designed email or filling the form available at https://zapisy-np.ms.gov.pl;
- in person – at a Poviat’s Hall.
Attention! As a result of the pandemic some Poviats offer consultations in person and others remotely. You can check that by calling the Poviat’s hotline, checking out their website, or going to the sign up for free aid website (https://zapisy-np.ms.gov.pl).
What do I have to bring with me?
For in person mediations, a written declaration stating the inability to afford paid legal help is required.
Attention! Case data are collected anonymously and are not correlated with the written declaration stating the inability to afford paid legal help. Technically, it means that the case data are never presented next to the individuals personal information.
Entrepreneurs submit:
- a written declaration stating their inability to afford paid legal help;
- a written declaration confirming that they had no employees within the previous year;
- all the de minimis statements, including agriculture and fishing, about the aid received within the year where the free mediation was requested and within the two previous fiscal years, or declarations with the aid amount during that period, or declarations confirming no aid was received during that period.
Where can I attend free mediations?
Free mediations are part of the free legal aid and citizens advice programmes. All facilities in every Poviat offer help to draft documents.
How does it work?
NGOs running the centres offering free legal aid sign a contract with a mediator, entitled to run mediations between parties. Free mediation is also available at facilities offering free legal aid run by lawyers, who are also licensed mediators. Individuals signing up for free mediations will be directed to a facility within the Poviat, where the services of a mediator are available.
Some facilities offer mediations on certain days and at certain hours. However, the fact that some facilities might not work that way does not mean that you cannot sign up for mediations. In such cases, it is better to call the Poviat Hall and ask where mediations are run.
To check those facilities out and sign up for a mediation click HERE.
Poviat, Local Government, and City Halls, and their respective websites, also feature information about the available facilities.
Can I benefit from free mediation if I am disabled?
Free mediations are also available to individuals with special needs. They may benefit from free mediations. Special requests during mediations (such as a sign language interpreter) should be signaled upon sign-up or immediately afterwards.
Individuals with severe physical disabilities, who are not able to leave their home, and those with communication difficulties, as stated in the Bill of rights from the 19th of August 2011 on sign language and other means of communication, might also ask for a consultation at a different location or for a remote consultation, by phone or using an online communicator, independently of the epidemic situation.
To access more information about free aid for individuals with special needs, click HERE.