Change in the law: anyone going to court for construction matters must be prepared for mediation
The Polish Ministry of Justice has initiated changes to civil procedure laws aimed at reducing the burden on courts dealing with economic cases, particularly those related to construction disputes.
The Ministry of Justice in Poland is advocating for a significant amendment to the civil procedure and civil codes to mitigate the overwhelming number of economic cases that burden the courts. As of 2024, over 1.7 million economic cases are recorded in Polish courts, with around 13,000 concerning construction contracts. Despite the relatively low number, these cases are often complex and time-consuming, requiring the involvement of multiple experts and lasting several years, which puts considerable strain on judicial resources and financial burdens on the parties involved.
The new legal framework aims to introduce mandatory mediation for individuals pursuing construction-related legal action, encouraging settlement outside of the courtroom. This shift is expected to not only streamline the judicial process but also reduce the costs associated with lengthy court proceedings, thus providing a more efficient resolution mechanism for all parties. By promoting mediation, the Ministry of Justice addresses the increasing backlog in the courts and the need for more effective dispute resolution methods in the construction sector.
Overall, the implementation of these changes represents a crucial effort by the Polish government to reform its legal system. While the ultimate goal is to relieve the courts of excessive workload and enhance judicial efficiency, it also raises questions regarding access to justice for individuals who may prefer or require a definitive court ruling rather than mediation. As the reforms progress, the implications for both the judiciary and the individuals involved in construction disputes will be closely monitored for effectiveness and accessibility.