Remuneration and Reimbursement of Expenses to Which a Mediator is Entitled: Comments on the Amendments to the Code of Civil Procedure Introduced by the 2023 Amendment

This article discusses the changes in the provisions of Article 1835 and Article 981 § 1 of the Civil Procedure Code, which relate to the remuneration and reimbursement of expenses to which the mediator is entitled, introduced by the 2023 amendment. De lege lata, the analysed regulations should be assessed positively in principle. As a result of the modifications introduced, it has been possible, to a large extent, to eliminate the relevant confusions related to the interpretation of these provisions, particularly those arising from the 2019 amendment. Consequently, the structures adopted by the legislator under the 2023 amendment have the potential to significantly promote mediation as an effective method of resolving civil disputes, offering a viable alternative to common courts. De lege ferenda, however, it is appropriate to advocate for an increase in the mediator’s fees based on the Regulation of the Minister of Justice of 2016, which applies to court-referred mediation in civil proceedings.