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Family meditation in the Czech republic
Fišerová, Rebeka ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
This thesis aims to introduce mediation as one of the alternative dispute resolution methods, specifically focusing on its application in the field of family mediation. In the initial part of the thesis, mediation is described, involving its scope, process, and legal regulations in the Czech Republic, in the European Union, and internationally. Following this, family mediation, its objectives, and specific aspects are introduced. The subsequent section conducts a comparative study between family mediation and court proceedings in family law disputes. The study seeks to compare both methods of dispute resolution and to determine whether mediation can be a more effective solution for family law disputes. The areas chosen for comparison are the entrusting the child to the care of another person, the settlement of community property, and the determination of child support. In each of these cases, a comparison is made regarding the initiation of proceedings, their course, duration, the financial difficulty, and the enforceability of the resulting solution. The findings of the comparative study support the hypothesis that mediation can be a more effective approach to resolving family law disputes. Mediation generally offers a faster and more cost-effective solution compared to court proceedings, especially in...
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Mediation, its course and impact on court proceedings
Barešová, Martina ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
1 Abstract Mediation, its course and impact on court proceedings The aim of this thesis is to introduce the reader to the legal regulation of mediation in the Czech Republic, to explain the basic principles and methods of mediation, the influence of the essential mediation institutes on the legal relations of the parties and to compare the advantages, disadvantages and effects of mediation on court proceedings. In the first part of the thesis, the theoretical concepts of mediation (conflict, mediator, communication and negotiation) are first introduced, then I specify the factual position of the mediator and his influence on the course of mediation. In addition to this, a part of this chapter is also devoted to mediation styles as well as national, European and supranational legislation that may have a major influence on the development of domestic legislation in the future. The second part is devoted to the procedure of the court and the parties to the conflict in the phase before the mediation itself. Here, the text focuses primarily on the court's approach and its role in providing guidance on amicable dispute resolution and in ordering the first meeting with the mediator. It is also worth mentioning here the approach of the legislators to the substantive proposal of the Civil Procedure Code regarding...
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Special court proceedings (general issues)
Urban, Tomáš ; Winterová, Alena (advisor) ; Smolík, Petr (referee)
- Special court proceedings (general issues) The diploma thesis is focused on the topic special court proceedings. Special court proceedings are a subject, representing one kind of the civil proceedings that is characterized by disposing peculiarities from the general regulations of the civil dispute proceedings. Special court proceedings are governed mainly by the Act No. 292/2013 Coll., on special court proceedings. This act contains the exceptions from the general proceedings regulations and enumeration of the specific special proceedings and its regulation. Also Act No. 99/1963 Coll., civil procedure code is subsidiary used. This thesis aims to give a comprehensive explanation of the subject of special court proceedings by consistent definition of the subject itself based on use of the several ways of distinguishing it from the civil dispute proceedings. The next target of the thesis is to evaluate the historical development of the mentioned subject and to compare contemporary legislation with the laws applicable during the era of the first republic. Last but not least the thesis contains the analysis of the current legislative, especially the act on special court proceedings, which content and formal aspect of elaboration is assessed. The description of the special court proceedings itself...
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