Meet Marek. He runs a one-person construction business. A client failed to pay for completed work. The dispute, worth 180,000 PLN, went to court. The court referred it to mediation. The mediator issues an invoice: 3,600 PLN (2% of the disputed amount). Marek cannot afford it. Does he have to give up on mediation?
No. But he needs to know what to ask for, and how.
When exemption is possible at all
Exemption applies only to court mediation, meaning mediation the court ordered by a formal ruling. If the parties chose a mediator themselves before filing suit, no provision allows the court to waive the mediator’s fee.
This is an important line. Private mediation has a price set by contract. The court does not interfere with it.
In court mediation, the costs of mediation count as part of the costs of the court proceedings (Article 183⁵ § 3 of the Code of Civil Procedure, KPC). That is what grounds an application for exemption.
(Sources: Article 183⁵ KPC; Regulation of the Minister of Justice of 12 February 2026, Journal of Laws 2026, item 170; Regional Court in Gliwice and Regional Court in Elbląg, court websites, July 2026.)
Who may apply
Only a natural person. Entrepreneurs operating through companies (limited liability company, joint-stock company, partnerships) have no such right under Article 102(1) of the Act on Court Costs in Civil Cases.
Marek in our example, as a natural person running a sole proprietorship, may apply. His counterparty, a company, may not.
The criterion is single: the inability to bear the costs without harm to the necessary maintenance of oneself and one’s family.
The court assesses:
- net income (all sources)
- fixed expenses and loan obligations
- family situation (number of dependents)
- assets (real estate, savings, valuable holdings)
A lack of income does not, by itself, suffice if the applicant holds assets that can be liquidated.
(Source: Article 102(1) of the Act of 28 July 2005 on Court Costs in Civil Cases.)
How to file, step by step
Step 1. The statement of assets form
The application must include a statement of family status, assets, income and sources of maintenance. The form is standardised. It is available on every regional court’s website and at the court’s Public Service Office (Biuro Obsługi Interesantów).
The statement must be complete. An application filed by an advocate or legal counsel without the statement is returned, with no request to correct it.
Step 2. Where and when to file
File the application with the court hearing the case, in writing or orally for the record. If the party lives outside that court’s jurisdiction, they may file with the district court for their place of residence. That court forwards the application onward.
The application may be filed at any stage of the proceedings: before the first mediation session or during it.
Step 3. Time to decide
The court has 7 days to rule on the application, counted from filing or from the correction of formal defects.
Step 4. If the court refuses
An order refusing exemption from costs may be challenged by an interlocutory appeal (zażalenie). Filing this appeal is free of court fees.
(Sources: Articles 102-103 of the Act on Court Costs in Civil Cases; Article 106(1) of the same Act; Regional Court in Rybnik, court website, July 2026.)
The shortcut: exemption from court costs already granted
If the party was already granted exemption from court costs before the case was referred to mediation, that exemption extends automatically to the mediation proceedings.
No separate application is needed.
This happens more often than one might think. It covers many family and employment cases, where exemption was granted at the stage of filing the claim.
(Source: Regional Court in Piotrków Trybunalski and Regional Court in Elbląg, court websites; settled case law.)
What happens to the mediator’s fee once exemption is granted
The mediator does not lose the fee. The remuneration is covered provisionally from the State Treasury (Skarb Państwa). The court then recovers the amount from the party obliged to pay, usually the one who lost the case.
If the parties begin mediation before the exemption order is issued, and the court then refuses, the mediator submits the invoice to the court. The State Treasury covers it provisionally.
So there is no reason to delay entering mediation while waiting for the outcome of the application. The mediation date set by the court runs independently.
(Source: prawnik-mediator.pl, 11 May 2026; Article 183⁵ § 3 KPC.)
The line many people miss
Exemption from court costs, even in full, does not automatically grant a right to private mediation without paying the mediator. The exemption works only in court mediation.
In practice: if the parties want to mediate before filing suit and cannot afford a mediator, they can turn to non-governmental organisations that offer mediation free of charge or with a subsidy (for example, at arbitration and mediation centres). This route is not regulated by statute, but it exists in practice in many cities.
Summary
| Court mediation | Private mediation | |
|---|---|---|
| Exemption possible? | Yes | No |
| Who may apply? | Natural person only | – |
| Legal basis | Article 102 of the Act on Court Costs | None |
| Application filed with | Court hearing the case | – |
| Time to decide | 7 days | – |
| Mediator’s fee? | State Treasury, provisionally | Paid by the party |
Marek filed the application. He attached the statement of assets. The court granted exemption in 5 days. The mediation took place. The settlement was signed at the third session.
Legal status: July 2026
Legal basis: Article 183⁵ KPC; Articles 100-103 of the Act of 28 July 2005 on Court Costs in Civil Cases (Journal of Laws 2005, No. 167, item 1398, as amended); Regulation of the Minister of Justice of 12 February 2026 on the amount of remuneration and reimbursable expenses of a mediator in civil proceedings (Journal of Laws 2026, item 170).