MEDIATION SETTLEMENT FOR CLAIMS NOT COVERED BY THE SUBJECT MATTER OF DISPUTE COMMENTS IN THE LIGHT OF AMENDMENTS TO THE CODE OF CIVIL PROCEDURE OF MARCH 9, 2023.

Abstract

The admissibility of concluding a settlement in mediation in a case referred by the court for claims not covered by a lawsuit has raised disputes in case law and judicature. The legislator aimed to solve this problem by allowing parties to include other cases in the settlement and therefore introduced amendments in Article 18313 2 of the Code of Civil Procedure. Unfortunately,the legislator, while providing the possibility of concluding a settlement in mediation in a scope broader than the subject of the dispute, completely disregarded the relation of the added regulation to other provisions, including Article 321 1 of the Civil Procedure Code and the issue of jurisdiction. The purpose of this publication is to analyze introduced changesfrom the point of view of the above-mentioned regulations and an attempt to find answers to the problems that arise. Work on the issue was justified by the importance of the topic forpractice and the need to refer to the introduced changes, which, in view of the passage of the law on March 9, 2023, have not yet been analyzed in the literature.