Revista da EMERJ - V. 20 - N. 2 - Maio/Agosto - 2018

 R. EMERJ, Rio de Janeiro, v. 20, n. 2, p. 73 - 115, Maio/Agosto 2018 108 time with the parties and we need to convince them to give it a try and not to object the order - our success rate in this regard is about 50 %. We don’t mind our practice of in-court mediation. The example of the statistics that are very promising are those of the Commercial Division of the District Court of Warsaw, where so far about 30 % of the cases are referred to mediation. We use generally joint meetings with both parties, with some short caucuses. Mediators are, to some extent, the keepers of the process, but e.g. we don’t count caucuses to be super sure that both parties had the same number of them. Mediated settlements are enforceable in Poland similarly to the settlements reached in front of the court, i.e. they may be referred almost directly to executory proceedings. Confidentiality of mediation is not an absolute rule in Poland and the parties may waive it and e.g. call a mediator as a witness. Is there a law that defines who can perform mediation ? Mediation is proveided for in criminal law, family law, labour law, consumer law (mainly due to the EU legislation) and civil law. In July 2017 mediation was introduced into administrat ive proceedings Civil mediation is regulated by our Code of Civil Procedure (mainly Arti cles 183(1) - 183(15)) with some additional provisions in Civil Code (regulating settlement agreement), various regulations and other acts. Although we used to, currently we generally don’t distinguish me- diation from conciliation and we only use the term mediation (“media- cja” in Polish)  which does not have legal definition. There were some concerns in this regard, but the flexibility of not having legal definition of mediation works just perfect in practice. We distinguish facilitative and evaluative mediation and we use both. It is guaranteed by the law that mediator is allowed to make non- -binding suggestions. Apart from one very specific case from labour law, mediation is voluntary in Poland, with a lot of legal incentives to use it (including cost incentives) and some obligations of the legal representatives and judges to encourage amicable settlement of the dispute. We highly value volun- tariness of mediation.