Entering into a mediation settlement may involve risks and responsibilities comparable to those encountered when entering into high-value commercial contracts.
The modern perspective of an organized corporate order necessitates considering the implementation of clear internal mediation procedures covering issues such as participation in mediation, entering into court and extrajudicial settlements, granting powers of attorney for mediation, assigning mediation topics to specific organizational units, etc. As with other procedures, periodic audits of compliance with mediation procedures or regulations may be necessary. The benefit of such an approach is the minimization of corporate risk associated with using mediation to resolve disputes.
In creating a mediation procedure, in addition to universally applicable legal provisions, it is advisable to follow guidelines regarding mediation conduct,
prepared by the Attorney General’s Office of the Republic of Poland and the Public Procurement Office. As a business mediator, I believe that eventually, mediation procedures will become a part of the corporate governance of every company. Therefore, to facilitate and expedite their implementation, I share my experience and provide advisory support to entities interested in developing internal corporate documentation for mediation procedures.
