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Position of trade unions in labour relations
KOŘÍNKOVÁ, Marie
The topic of my bachelor thesis is the position of trade unions in labor relations. In my work I deal with different powers of trade union, collective bargaining and concluding collective agreements. Further I define the notion of collective and individual disputes. Disputes arising from collective agreements and contract disputes shall be resolved by proceedings before the arbitrator and mediator. Unlike the disputes of collective agreements may be in dispute on the conclusion of collective agreements used as a last resort strike, but only if it was not brought before an arbitrator. The main task of trade unions is the protection of employees.
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Actual questions of functioning mediators in the insurance market of the Czech Republic
Krotká, Katarína ; Ducháčková, Eva (advisor) ; Daňhel, Jaroslav (referee)
This paper is focused on the conditions under which insurance agents (mediators) can operate in the insurance market of the Czech Republic. The main aim of this paper is to outline the current legislation regulating the activities of insurance agents and evaluate the weaknesses identified in this legislation. The first chapter is focused on the specifications of individual insurance products offered and the ways in which these characteristics influence their distribution. Second chapter discusses the different distribution channels available. The third chapter is focused on current legislation in this area and the amendment recently submitted for approval. The general public opinion on the activities of insurance agents in the Czech Republic is evaluated in the last chapter.
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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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Mediation as a method of international dispute resolution
Hána, Lukáš ; Peterková, Jana (advisor) ; Havlová, Radka (referee)
Mediation is currently the most frequently used method for the resolution of armed conflicts in the international relations. Thanks to the participation of a neutral third party as a mediator it is possible to conduct peace negotiations even in the cases when participants are not willing to communicate directly with each other. The study summarizes the basic theoretical knowledge concerning the mediation, describes mediator's role, different forms and styles of mediation and other factors, that have influence on it. This knowledge is applied to the two case studies. Summits in Camp David in 1978 and 2000 are described in terms of initial conditions, course, participants and their styles of negotiation and last but not least their success. By comparing these two summits, the author formulates conclusions, which reflect the mediation efforts by the United States of America in their endeavor to settle the Palestinian-Israeli conflict and which highlight the greatest difficulties of the peace talks.
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Mediation as the possible solution of matrimonial (family) conflicts and the alternative of judical process.
ZELENKOVÁ, Lenka
The diploma thesis deals with non-criminal mediation as the aprropriate method of solving matrimonial causes and family conflicts. It describes the marriage and family, their duties, consequences and historical background. The second chapter deals with matrimonial causes, divorces and their consequences. The third chapter emphasizes the method of mediation and the function of a mediator. The last chapter distinguishes mediation family conflicts {--} mediation of divorce and the upcoming legislature of non-criminal mediation. It shows ethic problems and reflects the legality of mediation approach. The draft law of non-criminal causes is the attachment.
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FAMILY MEDIATION AS A METHOD OF RESOLVING FAMILY DISPUTES
VYORALOVÁ, Lucie
Family mediation as a method of resolving family disputes Family disputes rank among the most mentally and emotionally demanding. Despite that they can be resolved in a cultivated manner through an intermediate. A mediator does not decide the dispute on behalf of the parties but he/she can help them to find their own solution acceptable for all the involved parties. The theoretical part of the thesis outlines the conflict as a subject matter of the mediation. It also describes mediation as a form of negotiation. One part of the thesis is dedicated to the person of the mediator and his/her role and competence in the mediation process. Further, the thesis deals with the process and forms of mediation. The theoretical part also contains a characterization of mediation in family conflicts and it describes objectives of family mediation, its advantages and limitations. It also describes the tasks of the mediator in a divorce procedure and the legal regulation of family mediation. The thesis also deals with children in parental legal disputes and with the importance of a family for a child. The objective of the practical part was to determine how mediation, as a method of resolving divorce disputes, is viewed by workers in charge of social and legal protection of children operating in the South Bohemian region and to determine to what extent the respective social workers are familiar with mediation. In order to obtain comprehensive information about the divorce mediation, we also approached mediators involved in this type of disputes. One of the objectives of the thesis was to determine how the mediators view divorce mediation in the South Bohemian region. Last but not least, I was interested in mutual cooperation between the two involved entities. The purpose of the conducted interviews was to find out whether there are any obstacles which prevent the development of divorce mediation and its more frequent use in the South Bohemian region. Main object, by having answered partial questions, was to describe the potencial of divorce mediation and its real usage in the South Bohemian region. In order to obtain the necessary data we used a qualitative research. As a technique to collect the qualitative data we used semi-structured interviews with open questions. The respondents {--} workers of social and legal protection of children - were asked previously defined circles of questions which focused on a mediation method in general, mediator´s working post, divorce mediation and questions focusing on cooperation with mediators specialized in divorce mediation. The first three circles of questions were identical also for the interviewed mediators. The latter were additionally asked questions about the introduction of divorce mediation and availability of the method. Interviews were recorded on a dictaphone and subsequently converted into a written form. Before the beginning of the interview each interviewed person was assured that the interview was anonymous and no names or workplaces were recorded. For the purposes of a qualitative research we approached seven workers of the authority in charge of social and legal protection of children at workplaces in Písek, České Budějovice, Strakonice and Milevsko. For the purposes of research we also interviewed four mediators dealing with family (divorce) mediation in the South Bohemian region. The results of the thesis may improve the awareness of the discussed issues. The thesis may also serve as a pilot project for a more extensive research.
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Mediation as an Alternative Method of Solving Human Conflicts
ZELENKOVÁ, Lenka
The Bachelor´s Thesis deals with solving of human conflicts using the method of mediation. The theoretical part describes types and ways of solving conflicts, the method of mediation including the techniques and forms, it mentions its history and legal regulations in the Czech Republic. Other part is addicted to roles, main tasks and key competences of a mediator. The last chapter of the theoretical part presents some providers of this service and lists areas of social practice where the mediation is exercisable. The practical part illustrates utilisation of mediation in practice using two case reports. Case report of criminal mediation is obtained on the basis of an extract from a professional document with the consent of the Probation and mediation service of the Czech Republic. The sexond one, the civil mediation, describes a heritage conflict within a family.
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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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