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Adjudication as a method of dispute resolution in international construction projects
Dvořák, Jaroslav ; Klee, Lukáš (advisor) ; Pauknerová, Monika (referee)
Adjudication as a method of dispute resolution in international construction projects Abstract The subject of this thesis is an analysis of the use of adjudication as a relatively new, and in the Czech environment not yet well-studied, method of dispute resolution concerning a range of disputes arising between the subjects of contractual relationships in the field of construction projects containing a foreign element. The focus on so-called international construction projects reflects the current trend of expansion of construction entrepreneurs into foreign markets and the formation of multinational groups of construction entrepreneurs. This trend brings construction entrepreneurs into the environment of international business relations, where the presence of foreign element conditions the need to choose or determine the applicable law of a given contractual relationship using the conflict of laws principles. Adjudication is defined in this thesis as an alternative method of dispute resolution in which a dispute is submitted to an expert (or more often a group of three impartial and independent experts) specialized in the given area of the subject matter of the dispute, vested with the power (given by contract or by law) to decide the dispute between the parties in an interim binding manner while retaining...
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Divorce Mediation as a Way of Solving Family Conflicts
KOŘÍNKOVÁ, Kristina
This bachelor thesis deals with the issue of family mediation, both voluntary mediation and court-ordered first meeting with a mediator, as a tool for resolving conflicts in families. The thesis will examine how social workers and mediators perceive the possibility of families using court-ordered mediation to resolve conflict. The thesis is divided into theoretical and practical parts. The theoretical part contains six large chapters, which are further divided into smaller subchapters. In each chapter, I discuss the family and the conflicts that can arise within it. I also introduce possible alternative methods for how to resolve conflicts and then the thesis deals with the theoretical background of mediation, both general and family mediation. Next, my theoretical part describes voluntary mediation and court mediation. The practical part was developed through qualitative research using semi-structured interview techniques. The interviews were designed to find individual answers to the research questions I set out. Five respondents participated in the research, including mediators and social workers who work in family mediation. In the practical part, the individual interviews are then interpreted and analysed. Through the research conducted, I have concluded that mediators and social workers regard family mediation and court-ordered mediation to be a beneficial tool for resolving family conflict, but, like family mediation in general, it has its specific pitfalls. The results of this thesis can be published, for example, in an article on mediation or social work with families. The conclusions can also be used as a starting point for a more detailed analysis of the issue.
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Alternative resolution of labour disputes
Černý, Martin ; Tomšej, Jakub (advisor) ; Vysokajová, Margerita (referee)
Alternative resolution of labour disputes Abstract This thesis discusses the issue of alternative dispute resolution methods in terms of suitability of their use in the context of individual labour disputes. Alternative dispute resolution methods typically represent a fast, informal, and less costly alternative to court litigation. In the field of individual labour law, they are expected to help maintain the employment relationships between employers and employees, which are characterized by their longevity. The thesis provides a structured analysis of the applicability of alternative dispute resolution methods to disputes arising from individual employment relationships. Subsequently, the thesis focuses in more detail on mediation, which is regulated in act No. 202/2012 Coll., on mediation. The existing Czech legal framework is critically analysed and compared with foreign legislation and practice. Based on the findings acquired through legal and comparative analysis, new legislative measures and non-legislative tools are proposed. These include in particular proposals for the improvement of the expertise of registered mediators and its guarantees, for the extension of the legal duty of confidentiality, for adoption of new motivational and informational tools, and for the implementation of non-legislative...
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Alternative dispute resolution in sports at the international level with an emphasis on the Court of Arbitration for Sport
Mádl, Ladislav ; Balaš, Vladimír (advisor) ; Hamerník, Pavel (referee)
81 Alternative dispute resolution in international sport with the emphasis on the Court of Arbitration for Sport Key words: alternative dispute resolution, Court of Arbitration for Sport, UNCITRAL Abstract The goal of this thesis is to introduce basic methods for alternative dispute resolution currently available in the area of sport on the international level. First chapter deals generally about the term of alternative dispute resolution, reasons of its growing popularity particularly in the sporting sphere, its advantages and the perception of its use worldwide. The second chapter comprises a detailed analysis of now probably the most important institution in the field of alternative dispute resolution in sport, which is the Court of Arbitration for Sport (CAS) with its seat in Lausanne, Switzerland. After more than 30 years of its existence, this institution is already an established brand that offers solutions to disputes within sport, primarily through arbitration. This takes place either within the Ordinary Division or the Appeals Division of the Court. Detailed description of the proceedings in disputes of this kind is the main part of this chapter, supplemented with practical findings. Special branch of arbitration offered by CAS is the resolution of disputes on major sporting events such as the...
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Arbitration procedure within international business transactions
Tylš, Jan ; Růžička, Květoslav (advisor) ; Brodec, Jan (referee)
This thesis discusses the fundamental issues of arbitration in international trade. The aim of the paper is to explain the basic aspects of international arbitration, which constitute reason for choosing this method of dispute resolution, and further evaluate whether development of arbitration as such may cause international traders to reconsider arbitration as primary dispute resolution method. The structure of this thesis consists of an introduction, nine chapters and a conclusion. I determine thesis dissertation in the introduction, followed by the first chapter, where the reader is briefly acquainted with the history of arbitration and international commercial arbitration. In the second chapter dispute resolution methods in general are defined. The third chapter is devoted to alternative dispute resolution methods, their advantages and disadvantages and I further describe certain types of ADR. In the fourth chapter, arbitration is explained together with its basic attributes, theoretical concepts of arbitration and definition of international and domestic arbitration. At the end of the chapter legal sources of arbitration are listed. The fifth chapter describes the arbitration agreement as a precondition for arbitration; conditions for the validity of arbitration agreements are further defined as well...
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Alternative dispute resolution (ADR) focusing on mediation
Vykysalá, Nikola ; Pauknerová, Monika (advisor) ; Pfeiffer, Magdalena (referee)
The purpose of this thesis is to present the main features of out-of-court dispute resolution (alternative dispute resolution) with mediation in civil and commercial issues under Directive No. 2008/52/EC, Act No. 202/2012 Coll., on Mediation and Change Some Laws ("Medition Act"), and Spanish Act No. 5/2012 on Mediation in Civil and Commercial Matters. The thesis purpose is definition of ADR and types of ADR, mediation and its relationship with international law and legislation in the Czech Republic and Spain. The thesis is divided into five basic chapters. The first chapter explains the term ADR and its advantages and disadvantages, its methods, such as mediation, arbitration, early neutral evaluation, conciliation, minitrial, expert determination and ombudsman. The thesis also explains some hybrid methods of ADR, such as med-arb and arb-med. The second chapter is devoted to the mediation. It refers to the term, the history and the development, the major principles, the forms, the person of mediator, his role, the appointment, the choice, the obligations of impartiality, the independence and the duty of confidentiality, as well as the role of the lawyer in mediation, the ethics in mediation, the costs of mediation and the process of mediation from the point of view of the particular phases. In the...
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Modes of extrajudicial resolution
Vančurová, Kateřina ; Pohl, Tomáš (advisor) ; Macková, Alena (referee)
56 Abstract The purpose of this work is to introduce the concept of Alternative Dispute Resolution as a full alternative to civil judicial proceedings. Emphasis is placed on the utilization of the alternative procedures in the Czech legal environment and on contemporary Czech legislation as well as its possible future development. The thesis was elaborated using primarily domestic professional literature, while a significant portion of the resources was represented by legal enactments including the relevant legislative history. This thesis only deals with foreign approaches to Alternative Dispute Resolution marginally, which is reflected in the choice of resources - foreign resources have been used to a very limited extent. Following the initial overview of the topic and the introduction of the author's relationship to the concept of Alternative Dispute Resolution, this thesis presents the theoretical classification of these methods and collectively enumerates the legal regulations pertaining thereto. This is followed by an elaboration on the most frequently used forms of Alternative Dispute Resolution, namely mediation at first and arbitration second. For each of the named forms of Alternative Dispute Resolution, the thesis describes the differentiating characteristics of each method, the process of the...
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Civil Procedure and Consumer
Málek, Radek ; Pohl, Tomáš (advisor) ; Sedláček, Miroslav (referee)
Civil Procedure and Consumer Abstract This rigorous thesis deals with the topic of private law procedure in relation to the consumer and especially the exercise of his rights. The current state of legislation in this area is highly stratified and multilevel. In addition to the traditional possibility of claiming the individual rights through private litigation before a civil court, dispute resolution methods are also gaining prominence in the field of consumer law due to request for enhanced enforcement of highly harmonized substantive law, which should provide better access to justice and consumer rights also through effective access to the state authorities that would judge such disputes. In connection with a significant amendment to the Consumer Protection Act, specialized procedural protection of consumer rights was institutionalized through the introduction of so-called alternative dispute resolution methods, which are divided among several bodies having jurisdiction and competence in a particular dispute, either to make a binding decision or lead parties to reconciliation or conclusion of a private law agreement. In addition to this relatively new legal regulation of alternative dispute resolution for consumer disputes, the traditional method of dispute resolution in arbitration proceedings also...
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Legal framework of international trade disputes resolution in the Czech Republic and in France
Fuchsová, Michaela
LEGAL FRAMEWORK OF INTERNATIONAL TRADE DISPUTES RESOLUTION IN THE CZECH REPUBLIC AND IN FRANCE Comparative study of legal regulation in the Czech Republic and in France with emphasis on point of view of extent and limits of parties' autonomous will within dispute resolution ABSTRACT In relation to an important and continuously increasing growth of international trade and economic cooperation, a logic and proportionally increasing fact occurs, namely the existence and necessity of resolution of disputes arising out of such cooperation and business relationships. This dissertation focuses on specific area of such relations - on solution of property disputes in international trade and business relations arising out on private law basis between entrepreneurs and which affect in any manner the territories, more precisely the jurisdictions and the legal orders of two particular states, and that of France and the Czech Republic. The aim of the dissertation is to examine the extent of autonomous will, which the parties may assert within various methods of disputes resolution and to notify of its limits set by the respective legal regulation. Considering namely the main criteria of examination - i.e. the extent and limits of autonomous will of the parties within the dispute resolution - the author concentrates more...
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Mediation as an ADR method for dispute resolution under private law
Klucová, Monika ; Macková, Alena (advisor) ; Sedláček, Miroslav (referee)
MEDIATION AS AN ALTERNATIVE METHOD FOR DISPUTE RESOLUTION UNDER PRIVATE LAW Mediation has existed in Czech law since 2012, i.e. for eight years. In addition to arbitration, it is one of the two codified methods for out-of-court resolution of disputes under private law. Czech legislators adopted the lex specialis on mediation, i.e. Act No 202/2012 on Mediation, on the basis of the European Union's legislative acts, specifically as an implementation of Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters. The purpose of this doktoral thesis is to prepare an overview of and offer summary information on the legislation on mediation and the way of conducting the mediation process in the context of both Czech and EU law. The thesis has the following structure: Chapter 1 specifies the problem being addressed and the individual objectives of the thesis. Chapter 2 offers an overview of the basic methods for resolving private disputes. For clarity and overall context it specifies, first of all, the meaning of the term alternative dispute resolution (ADR) methods, and to what the alternative relates. Civil proceedings (civil litigation) are understood to be the legal instrument for private dispute resolution, and...
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