Mediation, facilitation and mindfulness in the judiciary: Supreme Court judges pay working visit to Poland

Vice President of the Supreme Court Oleksandr Mamalui, judges of the Grand Chamber of the Supreme Court Oleksandr Banasko, President of the Commercial Cassation Court within the Supreme Court Larysa Rohach, and judges of the Supreme Court in the Commercial Cassation Court Natalia Volkovytska, Serhii Mohyl and Valerii Kartere learned about the experience of implementing mediation in the Polish justice system as part of the practical training for judges ‘Mediation, Facilitation and Mindfulness’ organised by the Polish National Section of the European Association of Judges for Mediation (GEMME), the Polish ProMediation & ProWellness Foundation and the Weinstein International Foundation.

The programme of the visit included working meetings with Polish judges in local courts to learn about the organisation of the Polish judicial system, discuss the importance and practical application of mediation, and participate in a practical training session.

During the visit, a meeting was held with representatives of the Poznan District Court, which, among other categories of cases, considers commercial (economic) disputes, namely with the president of the court, his deputy and judges, who shared their experience in using mediation, promoting pilot projects for its implementation and acquainted the participants with the work of the court, in particular with the practice of remote consideration of cases. The Supreme Court judges also visited the Circuit Court of Poznan and the Faculty of Law of the Adam Mickiewicz University.

They also took part in a practical training session, during which the topics of mediation, facilitation and mindfulness were discussed. The event was developed by the ProMediation & ProWellness Foundation in cooperation with GEMME and the Weinstein International Foundation (USA) for judges acting as presiding judges, presidents of court chambers, mediation coordinators and persons applying for these functions, as well as for local mediation leaders, and became a platform for sharing experiences and practical skills in the field of conflict resolution and reconciliation.

The training was aimed at demonstrating solidarity between Polish and Ukrainian judges, mutual integration and exchange of experience. The participants also drew attention to the fact that Ukraine adopted legislation on mediation two months before the outbreak of the war, but in 2022, Ukrainian judges established a local branch of the European Association of Mediation Judges (GEMME) and took part in the relevant training.

Of particular importance was the discussion of the multi-door courthouse concept used in US courts and the possibility of its application in Poland and Ukraine. This concept provides for several options for resolving disputes, including mediation, which reduces the workload of the courts and ensures more efficient resolution of cases.

The visit to Poland was an important step in learning about the best practices of the Polish judicial system, in particular in terms of the efficiency of the judicial process, regulation of the court workload and implementation of innovative dispute resolution methods. The knowledge and experience gained can serve as a basis for further cooperation and development of ways to reform the Ukrainian judicial system.