From 1 March 2026, mediation in construction disputes in Poland will move to the start of many commercial court cases. In practice, courts will refer parties to mediation before the first substantive hearing. Therefore, the early phase will matter more than ever.
This change does not force a settlement. However, it forces engagement. As a result, parties should treat mediation as a strategic milestone, not a formality.
Construction disputes can escalate fast. Expert evidence can grow quickly. Site records can also become contested. Consequently, costs rise and positions harden. Mediation aims to test resolution earlier.
For contractors, preparation becomes decisive. Moreover, strong documentation builds leverage. You need a clear timeline. You also need a clean record of notices and variations. In addition, you need a quantified claim that can be explained simply.
For investors and employers, the shift can be useful. For example, mediation can narrow issues early. It can also structure interim steps. Therefore, you can protect delivery while reducing uncertainty.
Start with your dispute playbook. First, align internal stakeholders. Next, confirm who can approve a deal. Decision-makers must be available. Then, create a repeatable “mediation pack.” Include a timeline, key documents, and numbers.
If you act early, you gain control. Ultimately, the parties who prepare best will negotiate best.
In short, prepare now. Otherwise, you may lose leverage at the very first procedural step.
Read the full briefing on this important legal issue. We share our thoughts on the forum of Global Law Experts.
If a construction dispute is on your horizon, contact our Dispute Resolution team now to build a mediation-ready strategy ahead of 1 March 2026.
This publication is for general information only and does not constitute legal advice.
