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Alternative Dispute Resolution focusing on Mediation
Doležalová, Martina ; Pauknerová, Monika (advisor) ; Balaš, Vladimír (referee) ; Poláček, Bohumil (referee)
This dissertation focuses in particular on a subject matter, that is relatively new in the Czech environment. It is mediation in civil (noncriminal) matters, governed by Act 202/2012 Coll. The author classifies it as one of the several methods of alternative dispute resolution. In the second part of her work she analyzes the med-arb method. In the third part of the dissertation, the author analyzes the mediation process itself, and specifically focuses on its legal aspects. The fourth part of the dissertation includes a comparative study of selected countries, in the field of civil law (Austria, Italy, Netherlands, Germany, France, Belgium, Slovakia) and the Anglo-Saxon law (UK). The fifth part of the dissertation analyzes the Czech legislation. The author suggests adjustments de lege ferenda as well as amendments that do not require any changes of the law, but that can be addressed through the interpretation of individual provisions. The author complements her work with a selection of foreign cases, as the Czech case law has been completely missing so far. The work ends with an analysis of the Code of Conduct for Lawyers-Mediators, which will be currently published for lawyers - registered mediators.
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Alternative Dispute Resolution focusing on Mediation
Doležalová, Martina ; Pauknerová, Monika (advisor) ; Balaš, Vladimír (referee) ; Poláček, Bohumil (referee)
This dissertation focuses in particular on a subject matter, that is relatively new in the Czech environment. It is mediation in civil (noncriminal) matters, governed by Act 202/2012 Coll. The author classifies it as one of the several methods of alternative dispute resolution. In the second part of her work she analyzes the med-arb method. In the third part of the dissertation, the author analyzes the mediation process itself, and specifically focuses on its legal aspects. The fourth part of the dissertation includes a comparative study of selected countries, in the field of civil law (Austria, Italy, Netherlands, Germany, France, Belgium, Slovakia) and the Anglo-Saxon law (UK). The fifth part of the dissertation analyzes the Czech legislation. The author suggests adjustments de lege ferenda as well as amendments that do not require any changes of the law, but that can be addressed through the interpretation of individual provisions. The author complements her work with a selection of foreign cases, as the Czech case law has been completely missing so far. The work ends with an analysis of the Code of Conduct for Lawyers-Mediators, which will be currently published for lawyers - registered mediators.
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