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An article titled “Mediation in Public Procurement – an Alternative to Court Disputes”, authored by Aldona Kowalczyk, President of the Public Procurement Law Association (SPZP), was published in Rzeczpospolita daily.

The author analyzes the significance of Section X of the Public Procurement Law, which introduced regulations concerning out-of-court dispute resolution, including mediation. While these provisions did not constitute a revolution in the legal system, they have proven to be an effective tool in promoting amicable dispute resolution between contracting authorities and contractors. According to data from the Arbitration Court at the General Counsel to the Republic of Poland, the number of mediations has increased significantly since the new law came into force — in 2024 alone, 583 mediation requests were filed.

The article outlines the key advantages of mediation, such as speed, lower costs, flexibility, and the ability to preserve good relations between parties. It also highlights practical aspects of settlement agreements, including their compliance with the Public Procurement Law and the Public Finance Act, as well as the role of court approval of settlements as a means to mitigate risks on the part of contracting authorities.

The full analysis is available in the new Public Procurement Academy supplement to Rzeczpospolita, prepared in cooperation with the Public Procurement Office and the Federation of Polish Entrepreneurs. The monthly presents expert commentary from the PPO and market practitioners, serving as a platform for discussion on best practices, standards, and the development of the public procurement system.

The publication is available in the digital version of the daily.

 

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