Not every dispute has to be the subject of a court case. We are aware that for various reasons – personal, family, time or financial – many clients are looking for alternative, less formal ways of resolving conflicts. In response to these needs, the law firm offers comprehensive support in the field of out-of-court dispute resolution.
In cases where the client is undecided to initiate court proceedings, it is possible to conduct the case through negotiations or amicable arrangements. As part of this form of support, our law firm may:
• correspond on behalf of the client with the other party in order to work out a satisfactory solution,
• organize a meeting with the participation of both parties at the office of the law firm, in which the attorney will participate as the client's attorney.

Such talks, conducted in a substantive manner, respecting the positions of both parties, often allow for reaching an agreement without the need to involve the court.
Mediation with the participation of a mediator entered on the list of permanent mediators at the Regional Court
Our Law Firm has a member of the team with the qualifications of a mediator, entered on the list of permanent mediators kept by the Regional Court in Gliwice. Therefore, it is possible to conduct mediation, under which it is possible to conclude a settlement with the force of a court judgment. The mediation process begins with signing a mediation agreement with the mediator (mediation is voluntary and the parties must agree to both participate in the mediation and the person as mediator). Then, as part of mediation, the parties try to work out the content of the settlement in the presence of a mediator who moderates the meeting and facilitates the exchange and formulation of positions by the parties. If the parties work out a settlement and sign it, the mediator submits a copy of it to the court for approval. If the court approves the settlement, it gains force equivalent to a court judgment.
Concluding a settlement before a mediator entered on the list of permanent mediators brings many benefits - on the one hand, it gives the opportunity to amicably resolve the dispute without the need to engage in a court trial, on the other hand, a positive result of mediation can lead to a similar result as in the case of a court trial, because the settlement approved by the court entitles the parties to execute it on such terms, as a court judgment, e.g. by way of bailiff proceedings.
Mediation can be conducted both at the pre-trial stage and in the course of court proceedings.
Note – mediation with the participation of a mediator entered on the list of permanent mediators can only be conducted if there is no conflict of interest – a mediator cannot conduct mediation if he or she has previously provided legal advice to any of the parties or was their legal representative.
In the case of clients of the law firm to whom we have already provided legal assistance, it is possible to represent the client in mediation, but with the participation of another mediator. In such a case, as the client's legal representative, we provide support to clients during mediation by:
• explanation of what mediation is, what are the rights and obligations of the parties to mediation;
• support for the client during the mediation meeting and in the possible exchange of positions between mediation meetings,
• assistance in drafting a settlement concluded before a mediator.

In each case, the aim of the law firm is to enable the parties to reach an agreement that takes into account their interests, while reducing the risk, cost and time characteristic of litigation.

Litigation
If the client is not interested in conducting out-of-court talks or if they did not take place but did not lead to a settlement, the Law Firm also provides legal assistance in the field of conducting court proceedings. We represent clients in proceedings before common courts (district courts, regional courts, courts of appeal), provincial administrative courts, as well as before the Supreme Court and the Supreme Administrative Court. The scope of matters includes in particular:
• civil disputes, including claims in the field of contract law, property law, inheritance law, etc.
• commercial proceedings between entrepreneurs,
• cases in the field of labour law,
• criminal and misdemeanor proceedings – both as a defence counsel and as an attorney of the aggrieved party,
• administrative cases – both at the stage of proceedings before a public administration authority and at the stage of proceedings before administrative courts.

Each case is preceded by an analysis of the factual and legal status in order to assess the legitimacy of the claims or the line of defence and to determine possible directions for further proceedings.

If you are looking for an attorney in Silesia (Poland) to handle cases at the amicable stage, mediation or at the court stage, please contact our Law Firm (tab CONTACT). The Law Firm offers legal assistance at every stage of the case.