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Mediation as an Alternative Dispute Resolution
Joklíková, Kateřina ; Švarc, Zbyněk (advisor) ; Hásová, Jiřina (referee)
The submitted thesis deals with Alternative Dispute Resolution (ADR), particularly mediation activities. The aim of this thesis is to introduce mediation as an alternative method of conflict resolution, that is still relatively neglected in the Czech Republic, through a summary of theoretical knowledge in terms of its practical operation. Particular attention is paid to the recent regulation relating to mediation in civil matters and certain essential institutes that are affected by the new Mediation Act. The work is divided into five chapters. The first chapter defines the general concept of ADR and outlines the different types of ADR. The next part of the thesis presents in detail the mediation, a mediator and requirements for the performance of this function. There is also clearly described the course of mediation process. The third chapter deals with the regulation of mediation in the EU, which is the starting point for each national system. The fourth chapter is devoted to the regulation of mediation in the Czech Republic. It describes the situation that prevailed during the period without comprehensive regulation of mediation in civil matters, the legislative process of preparation and adoption of the Mediation Act, newly enshrined institutes and there is also a definition of the obstacles that could hinder penetration of mediation into wider practice. Finally, there is a comparison of the situation in the Czech Republic with the application of mediation activities in the USA and in some EU countries.
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Legal Regulation of Mediation in Commercial Disputes
Kerbachová, Tereza ; Grmelová, Nicole (advisor) ; Valenta, Petr (referee)
This Bachelor thesis on the Legal Regulation of Mediation in Commercial Disputes deals with the characteristics and use of mediation as one method of alternative dispute resolution. Commercial mediation is in its infancy in the Czech Republic. Its development was influenced mainly by the adoption of Act No. 202/2012 Coll., on Mediation and Amending Certain Acts. The first chapter comprises a general introduction on the topic and its comparison with other ADR methods. The second chapter deals primarily with the development of legislation and the enactment of law. Further work is dedicated to the mediation process and requirements for mediators. The practical part is based on my participation in mediation testing.
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Mediation in Czech and Slovak republic
Jesenská, Katarína ; Hásová, Jiřina (advisor) ; Švarc, Zbyněk (referee)
This bachelor thesis provides comperhensive view on one of the alternative dispute resolution methods - mediation. The aim is to clarify the existing legislation regarding mediation in Czech and Slovak republic and to explain major similarities and differencies in both legislations. In addition, the thesis includes the practical aspects of mediation which enables better understanding of whole issue. The thesis also answers the question whether the current legislation of mediation meets the requirements, which are placed upon it.
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Alternative Dispute Resolution
PARDAMCOVÁ, Marie
The project of ?Alternative dispute resolution? imports an innovative and effective instrument of consumer protection to the Czech Republic. The ADR works in Czech Republic since 2008. The whole procedure is easy and it is not obligatory for adverse parties. There are three methods of disputes resolution: qualified counsel, mediation and arbitration. Concerning mediation, the problem is the willingness of the procedure. That is the reason, why more than 80 % of delivered suggestions end with non-cooperation from the adverse party. Even if an agreement were found during the mediation, this agreement is not binding. Arbitration is on payment and most of the consumers identify it with the juridical process. But in case of arbitration, the resulting arbitration award is binding for both adverse parties. The fee is paid by the party who has lost the dispute. The work focuses above all on the awareness of ADR and on consumers´ rights. The work revealed that a quarter of all respondents don´t know their rights. The awareness of ADR is very poor also. The research results showed that only 14.4 % of respondents know what ADR is. Nevertheless, the results from the period of 1st April 2011 to 31st January 2012 show, that the project has a future, because the statistics of registered cases have a rising tendency. But without an effective publicity, it will take a long time before the consumers´ awareness of this possibility extends. The Ministry of industry and commerce issued an informative leaflet within the pilot period of the project. However, it was not distributed to the consumers in the right way. In the Czech Republic, there is a lack of consumers´ education due to a difficult access to legal regulation. The legislation is for a Czech consumer hardly findable but above all, it is incomprehensible. Nowadays, fortunately there exist a lot of web sites where all needed information can be found rapidly and in a shorter version. Due to my own experience I know, that an overwhelming majority of consumers looks for advices only after they did not succeed with a claim or after another problem with a vendor occurred.
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Alternative dispute resolution methods in business relationships
Šteflová, Iva ; Kotoučová, Jiřina (advisor) ; Pavlok, Jan (referee)
The diploma thesis is focused on alternative dispute resolution (ADR) in business relationships. The goal of thesis is to determine the term of alternative dispute resolution and to compare different approaches to regulation of mini-trial and mediation. The first part of thesis presents the term ADR and identifies its key characteristics. It points out the advantages and disadvantages of ADR and introduces institutions which concern with ADR. The attention is also aimed on arbitration and its relation to ADR. The second part of thesis deals with mini-trial. The description of its features is based on comparison of model rules provided by institutions which concern with ADR. The third part of thesis is focused on the most expanded method of ADR -- mediation. The attention is aimed at regulation trend within the European Union, legislation in the Czech Republic and Mediation Act Proposal. Closing part compares regulation of mini-trial and mediation and points out some of the debatable provisions of the Mediation Act Proposal.
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Alternative dispute resolution for domain names
Gongol, Tomáš ; Švarc, Zbyněk (advisor) ; Boháček, Martin (referee) ; Jakl, Ladislav (referee) ; Růžička, Květoslav (referee)
The thesis in its theoretical part deals with problem of a domain name and alternative dispute resolution definitions. The view on the domain name definition is described both in Czech legal order and the international context. Rules of registration and using domain names are defined not only by the state law but also and above all by private rules formed by generic and country code top level domain administrators. Analyses of these legal sources and theirs comparison is necessary presumption for legal discretion of further development. Missing legal definition causes many problems which are shown in the context of concrete court and administrative decisions in the Czech Republic. Especially important are relations between domain names and trade marks, trade names, right to protection of person and the law of unfair competition. For definition of an alternative dispute resolution a special method of Aristoteles' logical square was used and applied on conditions of disputes resolution. The object of interest in the second practical part of the thesis is a legal regulation of .eu domain names. After necessary definition of legal sources, especially on secondary law level of the European Community, follows in practical part analysis of decisions concerning .eu domain name disputes issued by alternative procedure provided by the Czech Arbitration Court attached to the Economic Chamber of the Czech Republic and Agricultural Chamber of the Czech Republic, in the year of 2007. Essential part of this analysis is formation of domain name "case law".
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Alternative dispute resolutions in trade relations
Štávorská, Zuzana ; Kotoučová, Jiřina (advisor) ; Švarc, Zbyněk (referee)
This thesis discusses the alternative dispute resolution methods in trade relations. The main objective of this thesis is to describe and analyze ADR as a group of methods used to resolute disputes with focus on two main methods - mediation and arbitration. My objective is to describe the main principles of ADR, to compare their main advantages and disadvantages and to analyse the process of resoluting disputes by these methods. Another objective is to evaluate and analyze the development of ADR in the Czech Republic, their legal regulation and its current status. A short part of the thesis concerns about regulation of mediation in the EU and the analysis of implementation of the European Parliament and Council Directive 2008/52/EC dated May 21, 2008 to national legislation. Thesis is divided into five separate chapters. The first, introductory chapter only briefly discusses about dispute and conflict and ways they can be solved. The second chapter already characterizes ADR as a group methods of dispute resolution, its main principles, advantages and disadvantages and finally briefly describes some of the ADR. The third and fourth chapter focuses on the mediation, its principles, advantages, disadvantages, the mediation process and mediator. It monitors the development of mediation in the Czech republic and the current situation in the legal regulation of mediation in the country. The last chapter deals with arbitration. It describes its basic principles, advantages and disadvantages again. The conclusion discusses the czech Arbitration law and the forthcoming amendment.
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Arbitration: The new way of dealing business disputes
Friedel, Lukáš ; Kotoučová, Jiřina (advisor) ; Kropáčová, Marie (referee)
The Master thesis describes comprehensively attributes and operating of arbitration in the Czech Republic which has acquired significance recently. The work is divided into eight chapters. After exordium I make readers acquainted with alternative dispute resolution, e.g. mediation. The third chapter characterizes arbitration and describes history, sources of law, types of arbitration and capability of arbitrator in the Czech Republic. The fourth part deals with the arbitration agreements and their requirements. The fifth chapter is dedicated to its particular stages and revision, recognition and enforcement of the arbitral awards in order to provide the reader an complex overview of the the arbitration proceedings. In the sixth section, the author tries to define advantages and disadvantages of this method of solving disputes and to answer question why we should choose it. The seventh chapter adds a special current issues devoting an arbitration clause on consumer contracts. In the last chapter author concludes the topic and suggests improvements.
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Mediation - Method of Alternative Dispute Resolution
Babjaková, Natália ; Kotoučová, Jiřina (advisor) ; Kropáčová, Marie (referee)
This bachelor thesis is focused on mediation as an alternative method of dispute resolution. The aim is to explain the term mediation, its characteristics and legal regulations. The target group of readers is general public. The first part of the bachelor thesis describes a conflict and ways of its resolution -- a court-action and on the other hand, all types of out-of-court dispute resolutions. The second part deals with the idea of mediation itself. It offers an explanation of the term mediation, describes mediation procedure and its rules, the outcome of mediation and mediation agreement, the mediator, types of mediators and requirements on their qualification. It is also concerned with the advantages of mediation and the area of disputes which could be solved by mediation. The last part of my thesis is focused on legal regulation of mediation in European Union and its three member states -- the Czech Republic, Slovak Republic and Germany. It also describes the history and background of mediation in these countries. Moreover, two sample cases of mediation in the Slovak Republic are added.
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