Abstract

The analysis focuses on determining whether seeking amicable settlement in civil cases is a duty, an obligation, or a right of judges within their discretionary powers. Pursuant to Art. 10 of the Code of Civil Procedure in cases for which settlement is admissible the court shall endeavour to settle the case amicably at any stage, in particular by encouraging the parties to mediate. What is of key importance here is the interpretation of the phrase “the court shall seek” as compared with its previous wording: “ the court should seek” to settle the case amicably. The Code contains a number of specific provisions specifying under what circumstances a settlement may be reached. The duty of the court to seek amicable settlement should be understood as an obligation to analyse the mediation potential of the case, assess its purposefulness and the possibility of successful mediation. It is also worth postulating for the legislator to clarify what exactly should a court do to fulfil the duty specified in Art. 10 of the Code of Civil Procedure.

Key words: court settlement, mediation, information meeting, judge’s discretionary power, right to trial

Słowa kluczowe: ugoda sądowa, mediacja, spotkanie informacyjne, dyskrecjonalna władza sędziego, prawo do sądu