As a Financial Supervision Authority mediator in the Arbitration Court, I have conducted over 150 mediations, three-quarters of which resulted in a settlement.
I can be found on the list of mediators of The Polish Financial Supervision Authority Arbitration Court. If you have any questions, feel free to contact me.
knf mediacje frankowe
The release of the Swiss franc exchange rate, introduced by the Swiss National Bank in early 2015, resulted in changes to the outstanding balances of Swiss franc-denominated loans."
Among franc borrowers, there is a belief that they were deceived by banks. To this day, some borrowers perceive banks as institutions that profited well from Swiss franc loans. On the other hand, banks are forced to set higher reserves for losses related to granted foreign currency loans. In reality, both sides of the dispute find themselves in a very disadvantageous situation.
My experience with mediating Swiss franc loans dates back to the first court mediations that emerged alongside lawsuits filed by franc borrowers against banks.
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At the beginning, banks were generally unwilling to engage in mediation, and if they did participate, their concessions were minimal. As a result, there was practically no chance of reaching a mediated settlement in Swiss franc-related cases in court-ordered mediations.
A breakthrough moment in the matter of mediations related to Swiss franc loans turned out to be the proposal of the Chairman of the Financial Supervision Commission, Jacek Jastrzębski.
At the end of 2020, the Chairman of the Financial Supervision Commission proposed transforming Swiss franc loans into złoty loans. The main goal of this proposal was to enable Swiss franc borrowers to settle with banks as if their loans had been złoty loans from the beginning. Following this proposal, the Financial Supervision Commission Office published the “Position of the Financial Supervision Commission Office on the directions of resolving legal issues presented by the First President of the Supreme Court regarding mortgage housing loans denominated or indexed to a foreign currency” in July 2021 (hereinafter referred to as the FSC Position).
Based on the recommendations outlined in the FSC Position, banks have created their mediation programs. The effects of these programs are discussed in the article “Swiss Franc Loans in Mediation.” The FSC Position seems to be a Solomon-like solution that significantly improves the situation of borrowers without leading to excessive financial tensions in the national banking system.
FSC Mediation. Where and when can you participate in mediation?
In the Financial Supervision Authority Arbitration Court, mediations are currently conducted as part of mediation programs proposed by several banks. It is worth emphasizing that under these programs, borrowers in Swiss francs do not incur mediation costs. In the case of an individual mediation application submitted by the borrower, the fee is regulated in the TARIFF OF FEES FOR ACTIVITIES OF THE ARBITRATION COURT AT THE FINANCIAL SUPERVISION AUTHORITY.
An application for mediation can also be submitted at any stage of a court dispute. Courts usually grant such requests if the other party does not object. In the case of court mediations, the mediation costs are shared equally by the parties, and their amount is regulated by the Regulation of the Minister of Justice of June 20, 2016, on the amount of remuneration and reimbursable expenses of a mediator in civil proceedings.
Additionally, some banks participate in out-of-court mediations, also outside the Financial Supervision Authority Arbitration Court. In such cases, mediation costs are determined by agreement.
