The best strategy for us, lawyers, is one which anticipates all possible scenarios on behalf of our clients so as to prevent them from arising. This, at least, is the ideal. We strive to implement this strategy in practice, but we are unable to safeguard our clients against the risk of potential or actual disputes in some legal relations.

A mediation clause is an option for practically any legal relationship, whatever its nature – commercial, business, or private. This is especially so in light of the fact that the Polish Civil Process Code devotes considerable attention to mediation (arts 1831 et post), enshrining it as an autonomous legal institution of considerable importance. My own experience indicates that, where an emerging dispute still at its pre-trial stage is referred for mediation before a person chosen and trusted by both parties, such a dispute is often resolved to the satisfaction of all concerned, avoiding several years of litigation. Accordingly, the mediation clause and the proceedings which it can open offer critical importance in dispute resolution.