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Mediation, its course and impact on court proceedings
Barešová, Martina ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
1 Abstract Mediation, its course and impact on court proceedings The aim of this thesis is to introduce the reader to the legal regulation of mediation in the Czech Republic, to explain the basic principles and methods of mediation, the influence of the essential mediation institutes on the legal relations of the parties and to compare the advantages, disadvantages and effects of mediation on court proceedings. In the first part of the thesis, the theoretical concepts of mediation (conflict, mediator, communication and negotiation) are first introduced, then I specify the factual position of the mediator and his influence on the course of mediation. In addition to this, a part of this chapter is also devoted to mediation styles as well as national, European and supranational legislation that may have a major influence on the development of domestic legislation in the future. The second part is devoted to the procedure of the court and the parties to the conflict in the phase before the mediation itself. Here, the text focuses primarily on the court's approach and its role in providing guidance on amicable dispute resolution and in ordering the first meeting with the mediator. It is also worth mentioning here the approach of the legislators to the substantive proposal of the Civil Procedure Code regarding...
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Mediation and its use in labor disputes
Soukupová, Eliška ; Tomšej, Jakub (advisor) ; Vysokajová, Margerita (referee)
Mediation and its use in labor disputes Abstract This diploma thesis deals with the topic of mediation, which is one of the alternative ways of resolving disputes. Mediation is currently a very current issue, as it has been incorporated into the Czech legal system relatively recently and also because of its great potential due to the benefits it brings primarily to litigants. Such benefits include, for example, the voluntary nature of the whole process, non-publicity of the mediation or the placing of responsibility in the hands of the disputing parties themselves. The thesis in the first chapter defines the concept of mediation, introduces the history of mediation, current legislation at the European level and within the Czech legal system, further deals with conflict theory, the mediator, his education, techniques, participants in mediation and mediation directions. The second chapter focuses on labor law and the relationships arising within labor law. It also explains what types of labor law disputes may arise and does not omit the ways in which such disputes can be resolved. It then focuses in more detail on the benefits of using mediation in labor disputes. The third part, so-called practical part, consists of information that was obtained through research on the use of the mediation in the Czech...
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Mediation as a type of alternative dispute resolution
Kozlová, Kateřina ; Dobiáš, Petr (advisor) ; Brodec, Jan (referee)
The purpose of this thesis is to present mediation as an Alternative Dispute Resolution (ADR). The selection of this topic is influenced by the currency of this issue. This currency can be seen in the adoption of mediation act, which is first of its kind. The thesis is composed of five chapters. The first chapter deals with the general concept of ADR and presents different types of ADR. The second chapter then presents mediation as one of the types of ADR, and focuses on the concept of mediation, its history, the role of mediator and the mediation process in its four sub-sections. The crux of this thesis is then in the following chapters which addresses how mediation is utilised in the European, Czech and Australian legal environments. The third chapter of this work shows the development of mediation in the EU, which led to the adoption of the Directive on certain aspects of mediation in civil and commercial matters (2008/52/EC). This Directive is an essential guide for the development of mediation in the EU Member States, including the Czech Republic. On 13th June 2012 Act No. 202/2012 Sb. on mediation and amending certain laws, which establishes the new concept of mediation in the Czech Republic, was introduced. The adoption of this law implements a Directive on mediation, which the Czech...
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The Cyprus Crisis in 1974 and the Role of the United Nations
Lauer, Maroš ; Horčička, Václav (advisor) ; Soukup, Jaromír (referee)
This thesis explores the impact of the UN on the development of the Cyprus crisis from its beginning until its peak in 1974. This impact is analysed on two levels: 1. Negotiations of the Cyprus Crisis during the UN Security Council and General Assembly meetings and their effects on the escalation of the local situation in Cyprus. 2. Activities of the peacekeeping mission UNFICYP since its establishment in 1964 until the division of Cyprus ten years later. For the purpose of examination of the aforementioned, both detailed historical analyses, as well as theoretical concepts from international relations theory are used in this paper. The paper describes the evolution of the Cyprus Problem as a dynamic process, which needs to be perceived in its full extent, thus it is not concentrated only on the period of 1960s and 1970s, but describes original sources and causes of the conflict.
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Mediation of juvenile delinquents
Herman, Iryna ; Podaná, Zuzana (advisor) ; Homolová, Pavla (referee)
(in English): This thesis deals with a restorative justice, or the most widespread method, which represents the mediation. This method is then described in the standard form used in the Czech Republic as well as in the redesigned version adapted for violent crime in the US, which is contained in the first theoretical part. In the practical part, these two forms of mediation are compared with each other. Different moments are then reflected on three case studies, where appeared a mediation of violent juvenile crime. The results of comparison shows that the modified parameters of meidation used in case of violent crimes were not in these case studies demonstrated. This may be due to the fact that all the actionswere of less violent severity, so the differen elements of mediation didnť have to be necesery exploited.
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The role of the mediation in pre-divorce and post-divorce care in the Czech Republic
Kučerová, Jana-Anežka ; Dobiášová, Karolína (advisor) ; Tušková, Eva (referee)
The dissertation thesis "The role of mediation in pre-divorce and post-divorce care in the Czech Republic" is about identification possibilities that the mediation brings to families, husbands and wives, and partners with solving difficult life situations like a divorce or a break up between partners. After it describes the impact of these interpersonal conflicts. Theoretical base of this thesis is: family crisis theory, individualized society theory, theory of gender inequality, but for all concept of harmonizing working and family life and changes on labor market. Main source of information was qualitative research of mediation clients and interviews with experts. In my thesis I analyze causes and consequences of conflicts in a partner life and through mediation I suggest a solution of consequences in the incurred situation, which seems like desired in wide society context.
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Mediation as an alternative dispute resolution method
Glatz, Viktor ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
This thesis is dedicated to mediation as an alternative dispute resolution method and as a possibility to prevent long lasting court disputes which occur more than necessary. The aim of this thesis is to point out the advantages of mediation and the possibilities of its wider implementation in Czech Republic, while comparing with the Australian system, where mediation is widely used. The thesis is separated into six parts. The first part is focused on a brief introduction of some ADR methods, in particular renegotiation, mediation, pre-arbitration settlement methods, arbitration and hybrid ADR methods. Furthermore, this part focuses on the history of mediation around the world and in the Czech Republic. The end of the first part focuses on a detail analysis of various forms of mediation based on several criteria of division. The second part compares mediation to court proceedings from three different points of view. These are the ability of each method to fulfil the aims and needs of the parties, the aspects of the dispute and of the parties which affect the suitability of each method and lastly the ability of each method to eliminate the barriers to an effective resolution of the dispute. In the third part the author focuses on the role of the mediator, the organisation of mediation in the Czech...
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Supervision of a probation officer over criminal irresponsible children
Řeháková, Lenka ; Válková, Helena (advisor) ; Tomko, Anton (referee)
Diploma thesis "Supervision of a probation officer over criminal irresponsible children" deals with juvenile delinquency, juvenile justice law adaptation for criminal responsible children younger 15 years of age and concerns with the ways by which society can react to the juvenile delinquency according to valid law adaptation. In its theoretical part this thesis focuses on definition of the keywords such are 'child', 'age limits of criminal responsibility', 'delinquency'. Thesis includes also description of juvenile delinquency as such where the law adaptation related to this issue is taken into consideration as well as the discipline precautions which can be ordered by court of law as a reaction to the unlawful behaviour. The goal of the practical part is to map the obstacles which discourage effective usage of discipline precautions supervision of a probation Office and suggest possible solving. The analytical part of the thesis was realised by two techniques, namely, questioning technique and document analysis.
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