Conducting judicial and extrajudicial mediation in civil cases
Announcement of the Minister of Justice of 4 December 2018 on the inclusion of the market qualification ‘Conducting court and out-of-court mediation in civil cases’ in the Integrated Qualification System (M.P. of 10.12.2018, item 1198). Qualification code in the IQS: 12632.
What can a person with this qualification do?
Holder of a certificate in court-ordered and out-of-court mediation in civil cases:
- is prepared to independently plan and conduct mediation in civil cases both, from court referral and out of court;
- analyses the conflict, recognises the subject matter of the dispute and the positions and expectations of the parties;
- assesses whether there are any contraindications to the use of mediation, motivates and supports the parties in finding solutions conducive to conflict resolution;
- draws up documents indispensable in the mediation process (invitation to mediation, mediation agreement, mediation protocol); supports the parties in shaping the content of the mediation settlement agreement;
- is able to use basic concepts of civil law to understand the problem reported by the parties to mediation;
- updates his/her knowledge of the legal basis governing mediation in civil cases.
Who is the qualification addressed to?
The qualification is primarily addressed to:
- practising mediators;
- attorneys, solicitors, bailiffs and notaries public;
- psychologists and psychotherapists who want to broaden their professional skills;
- probation officers and social workers, including family assistants;
- persons providing free legal assistance in the framework of free legal advice centres and the provision of free civic advice;
- small service providers wishing to streamline processes related to the recovery of debts from individuals;
- students of various fields of study (e.g. law, psychology, sociology, pedagogy, economics);
- teachers and school educators.
Where can You find employment?
The holder of the qualification may find employment in institutions and entities where competences in mediation and the art of conflict resolution are important, e.g:
- mediation centres
- law firms
- debt recovery companies,
- social assistance centres,
- non-governmental organisations involved in resolving disputes and assisting specific groups of people.
A holder of the qualification can also run his or her own business or provide contracted services in mediation and obtain entry in the list of permanent mediators maintained by the county courts after meeting additional requirements: not having been convicted of intentional offences, being at least 26 years old, knowing the Polish language and having knowledge and skills in mediation (Article 157a of the Act of 27 July 2001. Law on the system of common courts (i.e. Journal of Laws of 2018, item 23, as amended).
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