Posiedzenia przygotowawcze jako instrument polubownego rozwiązywania cywilnych sporów sądowych

Abstrakt

The aim of this article is to answer the following questions: Has the newly introduced institution of preparatory sessions in the Code of Civil Procedure achieved the objective of reducing the duration of civil proceedings, as intended by the amendment? Are the legal regulations governing preparatory sessions adequate to achieve this goal, and if not, in what direction should they be amended? What does a model preparatory session look like?

In this study, the author presents the origins of the legal provisions governing preparatory sessions and interprets these provisions. The study analyzes data regarding the number of scheduled preparatory sessions and their outcomes. Furthermore, the study highlights common practical problems associated with organizing preparatory sessions and proposes ways to address them. These issues are particularly significant given the lack of detailed research on this topic and the scarcity of literature in the field.

The study offers conclusions on whether it is worthwhile to organize preparatory sessions and, if so, how they should be conducted, as well as the impact of such sessions on the subsequent course of court proceedings and the overall number of cases. The author presents her perspective on the direction of legislative changes that could fully harness the potential of this institution to significantly reduce the duration of civil court proceedings.

In conducting this analysis, the author relies on the practices of Polish courts, including a survey of civil judges. The study employs both the dogmatic method and sociological methods of legal research, such as surveys and interviews.

Due to its limited scope, this study does not aim to be exhaustive. Its purpose is to outline the topic and associated issues, identified based on the author's professional experience as a civil judge, and to propose solutions.