The Role and Significance of Preliminary Meetings in the Civil Mediation Process. Selected Practical Observations in Light of the Code of Civil Procedure

Abstract

This article provides a practical and descriptive analysis of preliminary meetings, which, from the perspective of a mediator’s practice, constitute a crucial stage of the proceedings, even though Polish procedural law does not explicitly define them as mandatory. From the perspective of mediation practice, the text highlights the indispensability of this phase for legitimizing the entire process and ensuring the emotional and procedural security of its participants. The publication devotes particular attention to analytical tools used in the preliminary stage, such as BATNA and WATNA analysis and the “devil’s advocate” technique, highlighting their importance in managing participants’ expectations. The discussion also covers the pragmatic aspects of organizing preliminary sessions, including issues of cost, logistics, and the risks associated with skipping this preparatory phase. The article concludes that conducting preliminary meetings thoroughly is a prerequisite for the legitimacy of the entire process and is essential for reaching lasting, informed settlements.