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Mediation and its use in labour relations
Silovská, Gabriela ; Tomšej, Jakub (advisor) ; Štefko, Martin (referee)
67 Mediation and its use in labour relations Abstract In this thesis I deal with the issue of mediation and its use in the labour relations. Mediation is one of the alternative ways of dispute resolution, as the labour law is a sphere in which disputes often occur, and it is therefore desirable to look for other effective ways of resolving them than court proceedings. For this reason, in my thesis I focus on the institution of mediation and the possibilities of its use in the field of labour law. I focus primarily on the use of mediation in employment relations of an individual nature and reflect on its legal regulation in Act No. 202/2012 Coll. In the first chapter, I provide a detailed description of mediation, its objectives, and principles. This is followed by the description of historical development in the world, in Europe and in the Czech Republic. Then I discuss the legal regulation, describe mediation trends, and list the areas in which mediation is applied. The second chapter is devoted to labour disputes. As a criterion for their division, I use the labour relationships because of them employment disputes arise. The chapter is thus divided into labour disputes of a collective nature and labour disputes of an individual nature, supplemented by possible ways of resolving them. The last chapter...
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Use of Family Mediation in Resolving Post-breakdown Conflicts
KUBKOVÁ, Lucie
The diploma thesis deals with the use of family mediation in resolving post-breakdown conflicts. The aim of the diploma thesis is to describe the use of family mediation in resolving post-breakdown conflicts. The thesis is divided into two parts - theoretical and practical one. The theoretical part, which is divided into four chapters and subsequently subchapters, defines basic terms such as mediation, its principles, styles and techniques, family mediation and its phases, the role of the mediator, participants in family mediation, breakup and conflict. The practical part is processed using the qualitative research strategy, interviewing method and semi-structured interview technique. The interviews were conducted with six family mediators from non-profit organizations in the South Bohemian Region. The questions that were asked to the respondents were chosen to evaluate the research questions. The research revealed that family mediation can be used for various post-breakdown conflicts, but the form of the mediation process is very individual, because it always depends on the situation and the participants of the mediation. Families can only be approached similar and similar techniques can be used. Although mediation has almost no disadvantages, there is still low awareness and low interest in using this alternative dispute resolution in society. The results of this thesis can serve as a source of information about how family mediation can look like in practice. The obtained data can be used in articles about family mediation or to increase the awareness of students helping professions and public about family mediation and better orientation in it. The obtained informations can also serve as an inspiration or as feedback for family mediators.
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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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Resocialization of juvenile offenders in the practice of probation and mediation service
BÖHM, Bohumír
The aim of the bachelor thesis is to map the procedures of the Probation and Mediation Service of the Czech Republic both in criminal proceedings conducted with juvenile offenders and in their re-socialization. The work will be divided into theoretical and practical part. In the theoretical part, the author defines the basic legal concepts in the field of youth justice, the diversity of concepts of retributive and restorative justice, the issue of punishment and imposition of educational measures for juvenile offenders and external evaluation of their activities from the wiew of Probation and Mediation Service of the Czech Republic and Authority for social and legal protection of children and juveniles. The practical part will be investigated by the method of qualitative analysis of structured interviews with probation officers and with juvenile offenders, who undergo accredited re-socialization programs, their attitudes and the process of their re-socialization. In particular, attention will be paid to the question of how these programs are perceived, evaluated by minors themselves, and how they have influenced their lives. The sample will consist of clients and staff of the Probation and Mediation Service of the Czech Republic in Jindřichův Hradec, Třebíč, Tábor and České Budějovice.
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Alternatives to unconditional sentence of imprisonment
Lukáš, Marek ; Šelleng, Dalibor (advisor) ; Mulák, Jiří (referee)
The subject of this master's thesis is a description of the current legislation and application practice of selected punishments that represent the main alternatives to the imposition of unconditional prison sentences. These punishments are house arrest, community service, financial penalty, suspended sentence of imprisonment and suspended sentence of imprisonment with supervision. Since each of the abovementioned punishments could be the subject of a separate master thesis, this thesis does not aim to describe the subject matter in detail, but rather to present the individual institutes in their mutual context, to compare their characteristic features, purpose, conditions, specifics of their execution, as well as their use in judicial practice. The thesis consists of eight chapters, three of which are of a general nature, four deal with individual penalties and the last one is devoted to de lege ferenda proposals. The first chapter defines the very concept of criminal punishment and its purpose. A substantial part of the chapter is devoted to the historical development of penology theories regarding the purpose of the criminal punishment, with special focus on the transition from a retributive and punitive view of punishment to the concept of restorative justice. The second chapter focuses on the...
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Activity of the Probation and Mediation Service in the Czech Republic
Plachká, Kateřina ; Šelleng, Dalibor (advisor) ; Mulák, Jiří (referee)
Activity of the Probation and Mediation Service in the Czech Republic Abstract and keywords The presented thesis deals with the position of the probation and mediation service (PMS) within the criminal law policy of the Czech Republic, its procedures in the field of probation, mediation and other actions it performs within the framework of the criminal process with adult offenders. This work covers juvenile offenders minimally. The aim is to broadly cover the entire activity and role of the probation and mediation service during criminal proceedings. For that reason, the work is divided into several basic sections. The first section deals with the question of punishment and different approaches to this issue, especially in terms of retributive versus restorative justice. A closer examination of the current use of these two approaches shows that we should not even set them against each other, but rather side by side. Furthermore, the work focuses on PMS as an institution. It deals with the way in which it was created, what are its main goals, the purpose for which it was established, but also how it is organized. The work also highlights some of the challenges and problems it currently faces, although overall we can declare its existence to be very beneficial. We discuss the tools through which it achieves...
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Mediation
Grobelná, Kristýna ; Smolík, Petr (advisor) ; Sedláček, Miroslav (referee)
This thesis is about mediation as an alternative dispute resolution and at the same time as an alternative to court proceedings. The aim is to acquaint the reader with mediation as a method, its comparison with other alternative methods and at the same time to compare it with court proceedings, the possibilities of its use, the subjects of mediation and prosec of mediation. The author also compares some differences in the Czech and Slovak regulations. The second chapter focuses on explaining the concept of mediation, its goals and mediation styles. The third chapter is about alternative methods of dispute resolution, namely arbitration, mini-process, negotiation, conciliation and subsequently combined methods such as mediation- arbitration and arbitration-mediation. These methods are described only very briefly and the chapter focuses mainly on their differences from mediation. The fourth chapter focuses on the relationship between mediation and court proceedings. The aim is to compare the suitability of using the methods in different cases and to compare the individual advantages and disadvantages in terms of different factors. The fifth chapter deals with mediation in practice and its legal basis. It discusses the individual sectors in which mediation can be used and any differences and specifics...
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Teaching mediation in the foreign language classroom
Komendová, Gabriela ; Klinka, Tomáš (advisor) ; Suková Vychopňová, Kateřina (referee)
The paper Teaching mediation in the foreign language classroom concerns itself with mediation as one of the communicative activities or modes of communication defined by the Common European Frame of Reference for Languages' Companion Volume and the possibilities of teaching mediation as part of teaching foreign languages, French in particular. Its principal aims are to familiarise language teachers and other language education professionals with the essentials of mediation and to provide teachers with a mediation task creating manual including mediation- oriented lesson plans for French language teaching. The theoretical part of the paper deals with how mediation is represented in the Common European Frame of Reference for Languages and in the Companion Volume, as well as with mediation tasks, their characteristics, types, and the parameters that need to be considered when planning mediation teaching. The practical part consists of two stages. The first is an analysis of mediation tasks published in various contemporary French language textbooks based on criteria established in the theoretical part of the paper. The other describes mediation-oriented French lessons taught on the basis of lesson plans designed as part of the present thesis to four groups of secondary school students with varying...
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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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Mediation as alternative dispute resolution
Lokajíčková, Diana ; Macková, Alena (advisor) ; Frintová, Dita (referee)
1 Mediation as an alternative way of resolving disputes Abstract This work deals with the increasingly frequent type of dispute resolution, to be concrete it focuses on mediation. In the introduction, the author deals with the essence of conflict. The author also discusses the types of alternative dispute resolution. After this theoretical introductory part, the work focuses exclusively on mediation. It describes the history of this institute, the division of types of mediation, analyses the legal regulations and presents a general overview of the mediation procedure and the specifics associated with it. The work mainly deals with the principles of mediation such as confidentiality, voluntariness, with regard to the assumptions and performance of mediation by a registered mediator. The author analyses all the mentioned topics in connection with national legislation and compares it with European legislation so that the reader can understand the development of mediation and its possible pitfalls. The author also provides her suggestions for further cultivation of the mediation environment based on his experience as a registered mediator and a study of foreign mediation practice. Key words: mediation, code of ethics, alternative dispute resolution, ADR
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