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Mediation in the Legal Order of the Czech Republic
Březovják, Michal ; Macková, Alena (advisor) ; Smolík, Petr (referee)
The subject-matter of the present rigorous thesis is the legal regulation of mediation in the Czech law. The thesis focuses on the legal regulation of mediation in non-criminal cases. It is based on an analysis of the effective legal regulation and its comparison with foreign legislation on mediation on the territory of the Slovak Republic. It concludes that mediation in non-criminal cases can be performed even outside the mode of basic rules contained in Act No. 202/2012 Sb. (Coll.), on mediation and alterations to some acts (Mediation Act). Furthermore, it ascertains that the mediation process is generally regulated, mediation seeks solution to a dispute between any parties, specific requirements are imposed on the mediator, the undertaking of mediation is not a trade, the undertaking of mediation is subject to supervision, the initiation of the mediation process suspends limitation and lapse periods and that the use of mediation is encouraged. On the basis of the analysis of effective legislation on mediation and its comparison with foreign legislation, several recommendations to alter the legislation were made, a recommendation that family mediation should be performed by specialized, registered mediators, a recommendation to omit the condition of lack of conviction for negligent crime as a...
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Mediation in the Legal Order of the Czech Republic
Březovják, Michal ; Macková, Alena (advisor) ; Smolík, Petr (referee)
The subject-matter of the present rigorous thesis is the legal regulation of mediation in the Czech law. The thesis focuses on the legal regulation of mediation in non-criminal cases. It is based on an analysis of the effective legal regulation and its comparison with foreign legislation on mediation on the territory of the Slovak Republic. It concludes that mediation in non-criminal cases can be performed even outside the mode of basic rules contained in Act No. 202/2012 Sb. (Coll.), on mediation and alterations to some acts (Mediation Act). Furthermore, it ascertains that the mediation process is generally regulated, mediation seeks solution to a dispute between any parties, specific requirements are imposed on the mediator, the undertaking of mediation is not a trade, the undertaking of mediation is subject to supervision, the initiation of the mediation process suspends limitation and lapse periods and that the use of mediation is encouraged. On the basis of the analysis of effective legislation on mediation and its comparison with foreign legislation, several recommendations to alter the legislation were made, a recommendation that family mediation should be performed by specialized, registered mediators, a recommendation to omit the condition of lack of conviction for negligent crime as a...
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