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Alternative Dispute Resolution
DŮLOVÁ, Lucie
The aim of the thesis is an analysis of ADR among Czech consumers and consumer Czech and Czech dealer. ADR System Analysis is performed using a questionnaire survey among respondents - consumers and controlled depth interviews with the staff of ADR. Based on analysis of collected data will be provided suggestions for improvement.
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Alternative Dispute Resolution
PARDAMCOVÁ, Marie
The project of ?Alternative dispute resolution? imports an innovative and effective instrument of consumer protection to the Czech Republic. The ADR works in Czech Republic since 2008. The whole procedure is easy and it is not obligatory for adverse parties. There are three methods of disputes resolution: qualified counsel, mediation and arbitration. Concerning mediation, the problem is the willingness of the procedure. That is the reason, why more than 80 % of delivered suggestions end with non-cooperation from the adverse party. Even if an agreement were found during the mediation, this agreement is not binding. Arbitration is on payment and most of the consumers identify it with the juridical process. But in case of arbitration, the resulting arbitration award is binding for both adverse parties. The fee is paid by the party who has lost the dispute. The work focuses above all on the awareness of ADR and on consumers´ rights. The work revealed that a quarter of all respondents don´t know their rights. The awareness of ADR is very poor also. The research results showed that only 14.4 % of respondents know what ADR is. Nevertheless, the results from the period of 1st April 2011 to 31st January 2012 show, that the project has a future, because the statistics of registered cases have a rising tendency. But without an effective publicity, it will take a long time before the consumers´ awareness of this possibility extends. The Ministry of industry and commerce issued an informative leaflet within the pilot period of the project. However, it was not distributed to the consumers in the right way. In the Czech Republic, there is a lack of consumers´ education due to a difficult access to legal regulation. The legislation is for a Czech consumer hardly findable but above all, it is incomprehensible. Nowadays, fortunately there exist a lot of web sites where all needed information can be found rapidly and in a shorter version. Due to my own experience I know, that an overwhelming majority of consumers looks for advices only after they did not succeed with a claim or after another problem with a vendor occurred.
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Financial Arbitrator
Vavřík, Jakub ; Jablonský, Petr (advisor) ; Gruber, Petr (referee)
This thesis deals with the Institute of Financial Arbiter of the Czech Republic as an ADR body. In the introduction is presented the legal background for its own activities with emphasis on changes to the amendment in July 2011. In this part is also described arbiters work in resolving the cases themselves, their development and efforts to promote an arbitrator in public office. Next chapter is dealing with international cooperation in the European Union and in the world. The last section provides us with information about similar institutions and their functions elsewhere in the world.
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Alternative Dispute Resolution
Kobrlová, Marie ; Grmelová, Nicole (advisor) ; Šťastný, Tomáš (referee)
Bachelor thesis deals with Alternative Dispute Resolution in Czech republic -- describes and compares individual options and identifies their advantages and disadvantages. It also deals with legislation and institutional framework of consumer protection and consumer policy of Czech republic and EU in this sphere. In second part of thesis are mentioned most frequent consumer problems in common life and an offer of their solutions.
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Alternative dispute resolution methods in business relationships
Šteflová, Iva ; Kotoučová, Jiřina (advisor) ; Pavlok, Jan (referee)
The diploma thesis is focused on alternative dispute resolution (ADR) in business relationships. The goal of thesis is to determine the term of alternative dispute resolution and to compare different approaches to regulation of mini-trial and mediation. The first part of thesis presents the term ADR and identifies its key characteristics. It points out the advantages and disadvantages of ADR and introduces institutions which concern with ADR. The attention is also aimed on arbitration and its relation to ADR. The second part of thesis deals with mini-trial. The description of its features is based on comparison of model rules provided by institutions which concern with ADR. The third part of thesis is focused on the most expanded method of ADR -- mediation. The attention is aimed at regulation trend within the European Union, legislation in the Czech Republic and Mediation Act Proposal. Closing part compares regulation of mini-trial and mediation and points out some of the debatable provisions of the Mediation Act Proposal.
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Alternative dispute resolution for domain names
Gongol, Tomáš ; Švarc, Zbyněk (advisor) ; Boháček, Martin (referee) ; Jakl, Ladislav (referee) ; Růžička, Květoslav (referee)
The thesis in its theoretical part deals with problem of a domain name and alternative dispute resolution definitions. The view on the domain name definition is described both in Czech legal order and the international context. Rules of registration and using domain names are defined not only by the state law but also and above all by private rules formed by generic and country code top level domain administrators. Analyses of these legal sources and theirs comparison is necessary presumption for legal discretion of further development. Missing legal definition causes many problems which are shown in the context of concrete court and administrative decisions in the Czech Republic. Especially important are relations between domain names and trade marks, trade names, right to protection of person and the law of unfair competition. For definition of an alternative dispute resolution a special method of Aristoteles' logical square was used and applied on conditions of disputes resolution. The object of interest in the second practical part of the thesis is a legal regulation of .eu domain names. After necessary definition of legal sources, especially on secondary law level of the European Community, follows in practical part analysis of decisions concerning .eu domain name disputes issued by alternative procedure provided by the Czech Arbitration Court attached to the Economic Chamber of the Czech Republic and Agricultural Chamber of the Czech Republic, in the year of 2007. Essential part of this analysis is formation of domain name "case law".
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Consumer protection in tourism
Šmolíková, Jana ; Kotoučová, Jiřina (advisor) ; Švarc, Zbyněk (referee)
The subject of this thesis is the consumer protection in the tourist industry in the Czech Republic. The thesis is divided into four parts. The first part deals with the consumer protection in the Czech Republic in general. There is determined the term "consumer" and stated the list of legal enactments related to this issue. The second part is concerned with some duties of tourism service providers from the view of public law. The third and fundamental part of this thesis deals with contract law in tourism. There are examined the most usual contract types in this area, especially package travel contract. In the last part I mention consumer law enforcement in the Czech Republic. This part is aimed at the Alternative Dispute Resolution Project.
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alternative dispute resolution in the Czech republic
Černý, Tomáš ; Schlossberger, Otakar (advisor)
This work is focused on the institute of Financial arbitor(FA) in the Czech republic who was established in the Czech republic (CR) in 2003 thanks to contemporary tendencies in the sphere of the protection of the consumers. Foundation of this institute was bring by the Directions from the EU. First part of the work represents widely the inistitute of Financial arbitor in the Czech republic mainly his powers, field of activity, structure of his office, its expenses etc. In the second part of the work is FA compared closely with the other states of the EU end European economic area and widely with the financial ombudsmans from Switzerland. The third part of the work is based on the final comparasion of financial ombudsmans of the CR and Switzerland and predictions for the future developpement of the institute of FA in the Czech republic.
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Analysis of out-of-court disputes of consumer
Zajícová, Jana ; Horová, Olga (advisor) ; Koblovský, Petr (referee)
Diploma thesis deals with the possibility of consumer dispute resolution outside the courts and its emphasis on functional approaches in the Czech Republic. Is described the Project of the Ministry of Industry and Trade for Ensuring Out of Court Settlement of Consumer Disputes which presents new opportunities for Czech consumers. The analytical part of the work represents an analysis of the functioning of the two-year pilot phase of Project, an evaluation its results on the basis of statistical data on the number of complaints, on the basis of results of ADR questionnaire and on the basis of results of questionnaire surfy aimed to general awareness about the Project. Obtained data are evaluated and suggested solutions to improve the operation of the Project.
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