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43 Geo. J. Int'l L. 959 (2011-2012)
Court Delays in Poland: Mediation as a Way Forward in Commercial Disputes

handle is hein.journals/geojintl43 and id is 965 raw text is: COURT DELAYS IN POLAND: MEDIATION AS A WAY FORWARD IN COMMERCIAL DISPUTES JOANNA WASIK* Enforcing a contract takes longer in Poland than in other post-communist or European Union countries. The slow speed of enforcement can be attributed in large part to delays in the court system. Court delays negatively impact public opinion of the judicial system, tarnish Poland's image abroad, and may indirectly hinder economic growth. However, despite the inefficiency of courts, businesses continue to use the court system, exhibiting businesses' high demand for dispute resolution mechanisms. This Note proposes that increased use of mediation in commercial disputes could be a part of the solution to Poland's court delays. It argues that creating a viable system of mediation will require revising Poland's 2005 Law on Mediation, improving quality control of the mediation process, and mainstreaming mediation through educational and advertising tools. I. INTRODUCTION .................................... 960 II. POLAND's POST-COMMUNIST TRANSITION AND THE COURT SYSTEM TODAY .................................... 962 A. The Transition ................................ 962 B. The Court System ............................... 963 C. Sources of Delay ................................ 965 III. THE RISE OF COMMERCIAL MEDIATION WORLDWIDE ............ 967 A. Mediation in Europe: The European Directive and Polish Civil M ediation Law ............................ 970 IV. COMMERCIAL MEDIATION IN POLAND: DEVELOPING A PROMISING CONCEPT ........................................ 972 A. Changes to the Polish Mediation Law ................ 973 B. Implementation: Quality Control .................... 975 C. Implementation: Mainstreaming .................... 979 i. The Business Community ...................... 981 ii. Lawyers .................................. 982 D . Evaluation ................................... 984 V. CONCLUSION ..................................... 987 * J.D. Candidate, Georgetown University Law Center, 2012; B.A., Amherst College, 2008. © 2012,Joanna Wasik.

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