Mediation with a Polish Insurer: How It Works and Is It Worth It?

This guide is general legal information, not legal advice. How the rules apply depends on your individual circumstances, and the matter should be assessed by a qualified Polish lawyer. Twoja Sprawa helps you organise the documents for that assessment.

The insurer won't agree to your figure, but you're not keen to head straight to court either — mediation can work for both of you. It's a confidential conversation with a mediator aimed at finding a solution you both agree on, outside the courtroom. If it succeeds, both sides sign a settlement (ugoda), which is binding and enforceable just like a court judgment. Below we explain how mediation actually works, whether it really pauses the limitation period, what it costs, and when it's genuinely worth trying.

What mediation is and how it works

Mediation is an out-of-court process run by an independent mediator (a specialist in commercial or insurance disputes), whose job is to:

1. Hear both sides — you and the insurer each set out your position
2. Identify common ground — the mediator looks for where you can meet
3. Negotiate — the mediator puts forward proposals and arguments to bring you closer together
4. Draft the settlement — if you reach agreement, the mediator writes up the settlement document

How a mediation session typically runs

Total session length: usually 2–3 hours (sometimes split over two sessions).

Types of mediation — internal vs external

1. Internal mediation (Rzecznik Finansowy — the Financial Ombudsman)

Poland's Financial Ombudsman (Rzecznik Finansowy, RF) organises mediation between you and the insurer free of charge.

Pros: - ✅ Completely free - ✅ The mediator is an experienced RF specialist - ✅ Insurers tend to take it seriously (the RF has supervisory clout)

Cons: - ❌ There's a wait (the RF procedure typically takes 4–6 months) - ❌ If mediation fails, you still have to go to court

2. External mediation (Centrum Mediacji SOiD)

The Centrum Mediacji Sądów i Adwokatury (a mediation centre linked to Poland's courts and bar) offers private mediation (paid).

Pros: - ✅ Fast — a session can usually be arranged within 1–2 weeks - ✅ You can choose a specialised mediator (commercial/insurance) - ✅ Confidential — neither the court nor the public is involved

Cons: - ❌ Cost: PLN 500–2,000 per session (can be split) - ❌ The insurer can refuse to take part — mediation is voluntary

3. Private, local mediation

You can find an independent mediator in your area (e.g. searching Google for "mediator ubezpieczeniowy [city]").

Pros: - ✅ Very flexible - ✅ You can pick a specific person you trust

Cons: - ❌ Cost: PLN 300–1,500 - ❌ The mediator's qualifications are less guaranteed

Does mediation pause the limitation period?

⚠️ Short answer: YES, but with conditions.

Article 117 of the Polish Code of Civil Procedure (kodeks postępowania cywilnego) states, in substance:

"The commencement of mediation proceedings suspends the running of the limitation period."

What this means in practice:

• A claim arising from a tort (a road accident, for example) typically becomes time-barred after 3 years
• If you start mediation — even at the last minute, just before the 3-year deadline — the clock resets
• You gain extra time to negotiate

Example:

- Accident: 1 June 2024
- Limitation deadline: 31 May 2027
- You start mediation on 30 May 2027 → the limitation period is suspended
- You get extra time to negotiate (in theory, without a fixed cap)

⚠️ But be careful: if mediation doesn't work out and you want to go to court, you need to act quickly (within days), before the clock starts running again.

Mediation costs — who pays

Cost per session

How the cost is split

1. Mediation agreement — both sides can agree that the cost is: - Split 50/50 - Paid entirely by the insurer - Paid entirely by you

2. In practice: insurers often offer to cover the cost if mediation is quick — it's cheaper for them than litigation.

Is mediation worth it — a quick analysis

✅ Mediation is worth trying when:

• The shortfall is moderate (PLN 2,000–10,000) — both sides have an incentive to negotiate
• The insurer shows willingness to engage — it isn't a flat "no"
• You have solid evidence but also some uncertainty — a mediator can help find a middle ground
• You want a quick resolution (litigation typically takes 6–12 months)
• Confidentiality matters to you (mediation is private)

❌ Mediation usually isn't worth it when:

• The insurer flatly refuses — mediation requires both sides to agree
• The shortfall is small (under PLN 1,000) — mediation costs could outweigh the benefit
• You have a very strong case and want a binding precedent (a court can give you that, mediation can't)
• The dispute involves suspected fraud — mediation isn't appropriate for insurance fraud cases

How to set up mediation — step by step

Step 1: Propose it to the insurer

Send a letter along these lines (translated from the Polish original):

I propose to resolve this dispute out of court through mediation. 
I am willing to take part in the mediation process and to share 
the costs.

As mediator, I propose contacting Centrum Mediacji SOiD or the 
Financial Ombudsman (Rzecznik Finansowy) 
(https://rf.gov.pl/).

I look forward to your response within 14 days.

Step 2: Agree on a mediator

• If the insurer is hesitant — apply to the Financial Ombudsman (RF)
• If they agree — use SOiD or a local mediator

Step 3: Sign a mediation agreement

Both sides sign a mediation agreement setting out: - Costs - Confidentiality - Date and time of the session - The mediator

Step 4: The session

Both parties attend (in person or online) and the mediator runs the discussion.

Step 5: Settlement or close

• If you reach agreement: you sign a settlement (binding, just like a court judgment)
• If not: either side remains free to go to court

Frequently asked questions

Can the insurer refuse mediation? Yes — mediation is voluntary and the insurer cannot be forced into it. In practice, though, insurers often agree, since it's cheaper for them than litigation.

If mediation fails, can I still go to court? Yes. Mediation doesn't close off the court route. But remember: once the 3-year limitation period runs out, you can no longer pursue the claim.

Can a mediator award compensation? No. A mediator cannot award anything — they can only propose solutions. Only a court can award compensation.

Can I demand that the Financial Ombudsman organise mediation? Not formally. But once you've filed a complaint with the RF, they may propose mediation as part of their own procedure.

What if the insurer signs a settlement and then doesn't pay? A mediated settlement is enforceable just like a court judgment. You can proceed to bailiff enforcement (egzekucja komornika).

Disclaimer

Twoja Sprawa (twojasprawa.com) is a platform that connects Polish-speaking clients with regulated Polish advocates (adwokat) or legal counsel (radca prawny) — it is not a law firm. This article is for information purposes only and does not constitute legal advice. Any mediation negotiations should be supported by a regulated lawyer.

Sources

• Article 117 of the Polish Code of Civil Procedure (kodeks postępowania cywilnego) — suspension of the limitation period
• Centrum Mediacji SOiD
• Rzecznik Finansowy (Financial Ombudsman) — mediation as part of its procedure: https://rf.gov.pl/
• Polish Mediation Act (Dz.U. 2016 poz. 1838)

Related articles

• Insurer Underpaid Your Claim? How to Get the Rest
• Complaints Against Insurers: KNF, the Financial Ombudsman and Other Options
• Appealing an Insurer's Decision: How to Write an Effective Appeal

Legal content last checked: 27 June 2026.