Mandatory Mediation in Construction Disputes – Amendments to the Civil Procedure Code Effective from 1 March 2026

On 1 March 2026, an amendment to the Polish Code of Civil Procedure will enter into force introducing mandatory mediation in construction disputes. This means that in certain commercial cases arising from construction works contracts, the court will be required to refer the parties to mediation before proceeding further with the case.

The new regulations significantly alter the existing dispute resolution model in the construction sector.

What Is Mediation and What Is Its Role in Construction Disputes?

Mediation is intended to speed up the resolution of disputes by reducing the number of cases requiring resolution in court proceedings. It also gives the parties greater control over how the dispute is resolved and, due to its dialogue-oriented nature, creates better conditions for reaching an amicable settlement.

Who Is Subject to Mandatory Mediation in Construction Disputes?

On the basis of the new provision- Article 458^3a of the Polish Code of Civil Procedure- the court will refer the parties to mediation in commercial disputes arising from construction works contracts and contracts directly related to the construction process, i.e., contracts for investor supervision, general contracting, partial execution, and design work. This category also includes contracts for the renovation of a building or structure under Article 658 of the Polish Civil Code.

However, this provision will not apply in: writ-of-payment proceedings, electronic writ-of-payment proceedings, and order-for-payment proceedings. However, if an objection to a payment order is filed in order-for-payment proceedings, or if pleadings are filed against a writ of payment, the court will then refer the parties to mediation.

It should be emphasized that the new regulations will apply only to proceedings initiated after March 1, 2026.

Refusal to Participate in Mediation – What Are the Financial Consequences?

As a rule, the court cannot force the parties to undertake mediation. However, the amendment introduces financial consequences for parties who refuse to participate in mediation without a justified reason, regardless of the outcome of the case.

Pursuant to the amended Article 103 of the Polish Code of Civil Procedure, the court will be able to charge the party evading mediation with the costs of the proceedings, even in full or in part, higher than would result from the decision, but only if its behavior is considered dishonest or obviously inappropriate.

Such behavior may include refusal to participate in mediation or unjustified failure to appear at mediation. In practice, this means that even the winning party may be required to reimburse the full costs of the proceedings.

Advantages of Mandatory Mediation in Construction Disputes

Construction disputes are among the most complex types of litigation, as they often require numerous expert opinions, which significantly increase costs and prolong proceedings. The legislator’s intention is that mandatory mediation will avoid these costs or significantly reduce them by offering the parties a faster and less formalized resolution of the dispute. 

Among the potential benefits, the most important are the possibility of significantly shortening the duration of the dispute in the event of a settlement and reducing the costs of proceedings, especially in cases requiring numerous and costly expert opinions.

Mediation gives the parties greater flexibility in shaping the agreement, while allowing them to retain control over how the dispute is resolved and maintain good business relations.

Key Concerns and Risks Associated with the Amendment to the Civil Procedure Code

The amendment has also raised serious concerns in public debate. Critics argue that mandatory mediation may, in practice, favour parties seeking to delay payment and merely postpone the resolution of the dispute, without any realistic prospects of settlement.

It is also pointed out that stricter cost sanctions undermine the voluntary nature of mediation and may compel parties to participate solely out of fear of financial consequences. Moreover, there is a risk that mandatory mediation may over time be perceived as a purely formal step which, rather than expediting proceedings, paradoxically extends their duration.

Amendments to the Civil Procedure Code Effective from 1 March 2026 – Key Takeaways for the Construction Sector

Whether mandatory mediation in construction disputes will genuinely contribute to more efficient dispute resolution, or instead lead to longer proceedings and strengthen the position of unreliable contractors, will only become clear in practice.

The effectiveness of this mechanism will depend not so much on the regulation itself, but on the real willingness of the parties to compromise and on the skillful application of the new provisions by the courts. 

Are You Prepared for Mandatory Mediation in Construction Disputes?

As of 1 March 2026, mediation will become a mandatory stage in disputes arising from construction contracts and agreements directly related to the investment process. Proper procedural preparation and a well-planned mediation strategy may significantly affect both the duration and cost of the dispute.

We invite you to contact our team specialising in construction disputes and commercial litigation to assess how the new regulations may impact your business and to discuss appropriate legal strategies going forward.