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The influence of education on the role of mediator performance
Hájková, Adéla ; Pazlarová, Hana (advisor) ; Šišková, Tatjana (referee)
(in English): This diploma thesis deals with the issue of alternative dispute resolution, mediation in non- criminal matters. The mediation is estabilished in the Act on Mediation and amending certain other acts (the Act on Mediation) No. 202/2012 Coll. in the Legal Order of the Czech Republic, that is the main the aspect in this thesis. This actual topic, (the issue is that it is relatively a new law, which came into effect in September 2012), deals with the personality and educational attainment of registered mediators, particulary prerequisite for the performance of the profession of a registered mediator due to the mentioned law and it examines and compares effeciency in the mediators' exams in the Czech Bar Association and the Ministry of Justice of the Czech Republic according to the Ordinance No. 277/2012 Coll., about the trials and rewards of mediator. The main goal of this diploma thesis is to find out by means of quantitative research if there is a difference between registered mediators with different previous university education and how it shows in mediation process. The teoretical part of the diploma thesis is devoted to description of the mediation as an alternative dispute resolution, defining the role and duties of mediators and the system of education of mediators.
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Civil Procedure and Consumer
Málek, Radek ; Pohl, Tomáš (advisor) ; Sedláček, Miroslav (referee)
Civil Procedure and Consumer Abstract This rigorous thesis deals with the topic of private law procedure in relation to the consumer and especially the exercise of his rights. The current state of legislation in this area is highly stratified and multilevel. In addition to the traditional possibility of claiming the individual rights through private litigation before a civil court, dispute resolution methods are also gaining prominence in the field of consumer law due to request for enhanced enforcement of highly harmonized substantive law, which should provide better access to justice and consumer rights also through effective access to the state authorities that would judge such disputes. In connection with a significant amendment to the Consumer Protection Act, specialized procedural protection of consumer rights was institutionalized through the introduction of so-called alternative dispute resolution methods, which are divided among several bodies having jurisdiction and competence in a particular dispute, either to make a binding decision or lead parties to reconciliation or conclusion of a private law agreement. In addition to this relatively new legal regulation of alternative dispute resolution for consumer disputes, the traditional method of dispute resolution in arbitration proceedings also...
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Mediation as an alternative dispute resolution
Nováková, Veronika ; Frintová, Dita (advisor) ; Sedláček, Miroslav (referee)
Mediation as an Alternative Form of Dispute Resolution, Abstract, Keywords Abstract My Rigorosum Thesis "Mediation as an alternative form of dispute resolution" reflects the legal regulation of mediation in force in the legal order of the Czech Republic, analyses this regulation and subjects it to critical assessment. It is possible to state that mediation and its use has been existing in our society since time immemorial, however it is necessary to point out that modern society got to know mediation better only in connection with its legislative alteration in the Act on Mediation which implemented the Directive of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters. Following this circumstance, this alternative becomes supported and mediation services are deliberately used. With regard to the above stated, the purpose of this Rigorosum Thesis is to determine whether the current regulation of mediation in the Czech legal order is efficient or not and at the same time, based on the made analysis, the Thesis proposes how to remove the application as well as interpretation problems contained in the current legal regulation. The Rigorosum Thesis is coherently divided into chapters which logically follow one another and each of them deals with...
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The Institution of Financial Arbitrator with a Focus on Alternative Dispute Resolution in a Field of Insurance
Švejnohová, Michaela ; Vybíral, Roman (advisor) ; Kotáb, Petr (referee)
The thesis is focused on the topic of the Financial Arbitrator as an alternative dispute resolution body dealing with the disputes between financial institutions and their clients as well as the proceeding before it. Act No 229/2002 Coll., on financial arbitrator, as a special law adopted based on the requirements of the Directive 97/5/EC on Cross-Border Credit Transfers incorporated into the Czech legal system with effect from 2003 an institution, which is not by its nature and proceeding based on specific rules comparable to any other public authority in Czech republic. The aim of this thesis is to analyse the law identifying a status of the financial arbitrator including the process before it and on the basis of that facts subsequently assess, whether the adopted legislation enables to fulfil the requirements of the directives and if it genuine happens. The content of the thesis is divided into 5 parts, where the first one introduces the institution of the financial arbitrator as for the reasons of its establishing and intended purposes to serve as a stepping stone for further considerations and at the same time seeks to define the status of the institution as it has been given by the legislators. This part is also focused on the building blocks enabling a proper functioning of any institution,...
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Mediation in the Czech legal framework and comparative analysis with foreign legislation
Břízová, Iva ; Sedláček, Miroslav (advisor) ; Smolík, Petr (referee)
In the diploma thesis titled "Mediation in the Czech legal framework and comparative analysis with foreign legislation", the author aims to analyze how the basic principles of mediation are legislated in the legal systems of the Czech Republic, the Federal Republic of Germany and the United States of America. By applying a combination of methods of quantitative and qualitative comparative analysis, the author deals with the question of how the legal regulation of mediation affects the usage of court-ordered mediation and the success of such a mediation process. The author focused mainly on the legal grounding of the main principles of mediation, the historical and cultural context of their origin and the form of the mediation process for court-ordered mediation. The author based her work on the authentic wording of legal regulations and used officially available data for the quantitative comparative analysis, which related the usage of court-ordered mediation in the analyzed countries.
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Mediation in the Czech Republic
Geryková, Nella ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
Mediation in the Czech Republic Abstract This thesis follows mediation as one of the methods of alternative dispute resolutions in the Czech Republic. The adoption of Act No. 202/2012 Coll., on Mediation and Change of Some Laws, which set the conditions for the performance of mediation in noncriminal matters, represents an important milestone in the development of mediation in the territory of the Czech Republic. This thesis is focused on the mediation process; its main aim is to define the phases through which the mediation passes and also the rights and duties of the mediator, their characteristics and their theoretical basis. This thesis is structured into an introduction, four chapters and a conclusion. The first chapter introduces the concepts of mediation and the parties of the conflict, the development of mediation abroad and in the Czech Republic, also defines the types of mediation and the areas of its application, with an emphasis on family mediation. This chapter is also devoted to the relationship between mediation and court proceedings. The end of the opening chapter offers a list of the advantages and the disadvantages of using mediation for settling conflicts, comparing mediation with court proceedings in some aspects and justifying why mediation can be a more attractive alternative for...
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Prorogation and Arbitration Clauses in International Trade
Cibulková, Kristýna ; Pfeiffer, Magdalena (advisor) ; Růžička, Květoslav (referee)
The thesis is aimed at the prorogation and arbitration clauses in international trade. Its aim is to analyse the legal regulation of the clauses and requirements for them using the help of legislation, case law and both Czech and foreign relevant literature. In addition to the introduction and the conclusion of the thesis, there are eleven chapters analysing the issue. The first chapter deals with dispute resolution in international trade, and introduces prorogation and arbitration clauses as instruments by which the parties can determine how and by whom will the dispute between them be decided. Chapters two to six deal with prorogation clauses. First of all, sources of legal regulation of prorogation clauses are analysed. Further, the thesis analyses the formal requirements for the clauses and also the possibility of incorporating the clause into a contract from another document. There are also discussed some other features of the prorogation clauses, namely the certainty of the chosen court, the separability of the clause, the exclusivity of the clause, and the effect of provisions protecting the weaker party under the Brussels I bis regulation The following chapters seven to ten deal with arbitration clauses. Again, sources of legal regulation of arbitration clauses and arbitration proceedings...
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Mediation and its usage in labour law litigation and in employment issues
Čechová, Alena ; Štefko, Martin (advisor) ; Morávek, Jakub (referee)
Mediation and its usage in labour law litigation and in employment issues Abstract This thesis provides an insight into the field of mediation as an alternative method of dispute resolution. This method is approached through the optics of labour law litigation perspective which in the author's point of view offers a huge potential for further development. Even though the key point stands in the field of labour law, the whole thesis has an interdisciplinary design following the design of the method described. The interdisciplinary focus aims to the fields of psychology, sociology and philosophy. The thesis is divided into four main sections. Their composition follows the focus point from concrete to abstract concepts. The first part aims to integrate the field of labour law into the law system. The main focus is given to the dualism of the law system and the relation of the public and private law considering its relation to the labour law. The second part is devoted to conflicts and mainly reflects the symptoms of conflict and their classification. The negatives and positives of both are considered and discussed. The labour law disputes are highlighted as a typical example of a conflict. The third part describes possible solutions to the labour law disputes and then focuses on the presented method,...
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Alternative Dispute Resolution
RŮŽIČKA, Daniel
This thesis evaluates the implementation and realization of the "Alternative Dispute Resolution" project in Czech Republic. The concept is based on the assumption of di-ametrical inequality between the consumer and the vendor. The ADR aims to increase enforceability of consumer rights otherwise than in court. The system offers to consu-mer three ways how to solve his problem. It is Arbitration, Conciliation and Mediati-on. Unlike court proceedings, all of these methods are very low cost. This work examines consumer awareness about possibility of resolving their dispute with entre-preneur by ADR form. This was done through the questionnaire survey and the in-depth interview with leader of The Czech Trade Inspection Aut-hority ADR department. The research provides data how to raise awareness about ADR system among consumers.
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Online Dispute Resolution
Krejčí, Jan ; Růžička, Květoslav (advisor) ; Brodec, Jan (referee)
This diploma thesis seeks to characterize and critically evaluate current development in the field of Online Dispute Resolution. In particular, interpreting international legislation focusing on present development and trends in this alternative dispute resolution, with help of Information and Communication Technologies. This thesis is divided into a total of seven chapters, which four of them are considered essential. The first is the second chapter, where the author of the thesis deals with the legislation of the Online Dispute Resolution in the Czech Republic. Secondly, the third chapter provides an explanation related to the domain disputes in the Czech Republic, the EU and the rest of the world. The fourth chapter deals with the development of legislative initiatives at the European Union level. Of particular note being, the European Union Regulation No. 524/2013 on online dispute resolution for consumer disputes. Further to that, chapter 5 deals with the activities of the The United Nations Commission on International Trade Law conducted by the third working group. In conclusion, the author notes that the main goal of the diploma thesis, namely the provision of an overview of the legislation of the Online Dispute Resolution, developing possibility of alternative dispute resolution, has been achieved.
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