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Mediation in the Czech Republic
Jaroš, Jan ; Macková, Alena (advisor) ; Zahradníková, Radka (referee) ; Dörfl, Luboš (referee)
DISERTAČNÍ PRÁCE V ANGLICKÉM JAZYCE Mediation in the Czech Republic A doctoral thesis represents an evaluation of the fulfillment of the legislator's predicted objectives and expectations placed into the adopted legislation of mediation after ten years of its effectiveness in the legal system of the Czech Republic. The text is divided into thirteen chapters, which gradually address the main topics related to the new civil law regulation of mediation. The first chapter briefly describes the development and existing mediation regulation in the Czech Republic. Next, there are identified the main points of research interest, which are elaborated in more detail in the following chapters. The attention is successively paid to the topics of (i) the duplex legal regulation of mediation, (ii) the performance of mediation outside the framework of the Mediation Act, (iii) the presumed benefits and guarantees associated with mediation under the Mediation Act, (iv) confidentiality of the subjects involved in mediation, (v) the remuneration and reimbursement of the mediator's expenses, (vi) prerequisites for the registered mediator profession, (vii) special legislation for mediator-attorneys, (ix) regulation of the first ordered meeting with a registered mediator, (x) the statute of limitations, (xi) direct...
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Mediation in the Czech Republic
Jaroš, Jan ; Macková, Alena (advisor) ; Zahradníková, Radka (referee) ; Dörfl, Luboš (referee)
NÁZEV DISERTAČNÍ PRÁCE V ANGLICKÉM JAZYCE, ABSTRAKT V ANGLICKÉM JAZYCE A 3 KLÍČOVÁ SLOVA V ANGLICKÉM JAZYCE Mediation in the Czech Republic A doctoral thesis represents an evaluation of the fulfillment of the legislator's predicted objectives and expectations placed into the adopted legislation of mediation after ten years of its effectiveness in the legal system of the Czech Republic. The text is divided into two main sections. The first section deals with topics related to the Act on Mediation and the Decree on Examination and Mediator's Remuneration. The second part is concerned with the consequences and connections that are not explicitly regulated by such legislation. In the specific chapters, the expectations of the legislator and subsequent opinions arising from ten years of expert discussion are presented. The author's own conclusions formed using appropriate methodological procedures, especially analytical, normative and empirical approach follows. If possible, available statistical data and partly also foreign examples were used in the thesis. In the first part, the addressed topics are (i) the duplex legal regulation of mediation, (ii) the consequences of such duplexity, i.e. advantages and disadvantages for the mediator and participants, (iii) the performance of mediation according to the Trade...
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Expert and expert opinion in civil proceedings
Dörfl, Luboš ; Pohl, Tomáš (referee)
Expert and Expert Opinion in Civil Proceedings Abstract This thesis combines the topic of expert opinion as an important means of proof in civil court proceedings with wider issues of expertise. That means it also deals with the conditions for the proper performance of the expert activity with a focus on its outcome - expert opinion. Understanding these relationships in their contexts can play an important role in seeking good practice in the judicial proceeding, evaluating an expert opinion by a court or even being subject to de lege ferenda considerations in the area of regulatory and procedural rules. Since the correct and effective use of this means of proof has a direct impact on the speed and cost efficiency of court proceedings, the issue of optimal setting of expert activity is currently highly up- to-date. Therefore, this thesis focuses first on the issues related to the activity of judicial experts, its legal regulation and deals with the analysis of the requirements of the expert opinion and the correct course of the expert in its elaboration. The next part follows a brief introduction to the theory of proof and represents an expert opinion as a specific means of proof using in civil court proceedings, which requires a number of partial steps. The work focuses on the effects of proper activity of...
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Expert and Expert Opinion in Civil Proceedings
Dörfl, Luboš ; Macková, Alena (advisor) ; Sedláček, Miroslav (referee) ; Rozehnal, Aleš (referee)
Expert and Expert Opinion in Civil Proceedings Abstract This thesis combines the topic of expert opinion as an important means of proof in civil court proceedings with wider issues of expertise. That means it also deals with the conditions for the proper performance of the expert activity with a focus on its outcome - expert opinion. Understanding these relationships in their contexts can play an important role in seeking good practice in the judicial proceeding, evaluating an expert opinion by a court or even being subject to de lege ferenda considerations in the area of regulatory and procedural rules. Since the correct and effective use of this means of proof has a direct impact on the speed and cost efficiency of court proceedings, the issue of optimal setting of expert activity is currently highly up- to-date. Therefore, this thesis focuses first on the issues related to the activity of judicial experts, its legal regulation and deals with the analysis of the requirements of the expert opinion and the correct course of the expert in its elaboration. The next part follows a brief introduction to the theory of proof and represents an expert opinion as a specific means of proof using in civil court proceedings, which requires a number of partial steps. The work focuses on the effects of proper activity of...
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