Petitions are returned if they lack information about whether a mediation attempt has been undertaken or explanations as to why it was given up.The regulations of the amended Code of Civil Procedure, applicable from 1 January, impose a need to include information in a petition as to whether a mediation attempt has been undertaken.“It can happen that courts return petitions because such information is lacking, even if there is no possibility of concluding a settlement, for example in matters concerning social insurance”, says Beata Merlewska-Budzik, attorney.The cause of the confusion is where the regulation has been placed.“It’s found among rules concerning a petition’s formal requirements”, says Elżbieta Schubert, a Regional Court judge in Olsztyn. “So if the information is missing, the court calls on the party to supplement it, but if it doesn’t do so, the petition is returned”. She adds that pre-litigation mediation is not a requirement, but providing information about attempts to settle a dispute amicably is.According to Rafał Cebula, a District Court judge in Siemianowice Śląskie, it is clearly stated in the justification to the draft amendment that a lack of information about making an attempt to resolve a dispute amicably must not be regarded as a formal requirement justifying the return of a petition.“It’s rather an indication to the judge of whether a case qualifies for mediation”, he says. “You can’t enforce mediation”.“A petition is usually brought to court when the parties have ineffectively tried to negotiate or when they see no chance of a settlement or mediation”, says Aleksandra Pokropek, legal counsel. In her opinion, courts should concentrate on other ways of providing encouragement to seek amicable solutions, e.g. referring cases for mediation at each stage of the proceedings or imposing an obligation to pay costs after unjustified refusal to engage in mediation.Mediator and legal counsel Maciej Bobrowicz believes that, apart from financial encouragement (return of all or part of the costs of bringing a petition), it is also worth introducing the possibility of calling on parties to attend information-providing meetings.