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Mediation and its use in labor disputes
Soukupová, Eliška ; Tomšej, Jakub (advisor) ; Vysokajová, Margerita (referee)
Mediation and its use in labor disputes Abstract This diploma thesis deals with the topic of mediation, which is one of the alternative ways of resolving disputes. Mediation is currently a very current issue, as it has been incorporated into the Czech legal system relatively recently and also because of its great potential due to the benefits it brings primarily to litigants. Such benefits include, for example, the voluntary nature of the whole process, non-publicity of the mediation or the placing of responsibility in the hands of the disputing parties themselves. The thesis in the first chapter defines the concept of mediation, introduces the history of mediation, current legislation at the European level and within the Czech legal system, further deals with conflict theory, the mediator, his education, techniques, participants in mediation and mediation directions. The second chapter focuses on labor law and the relationships arising within labor law. It also explains what types of labor law disputes may arise and does not omit the ways in which such disputes can be resolved. It then focuses in more detail on the benefits of using mediation in labor disputes. The third part, so-called practical part, consists of information that was obtained through research on the use of the mediation in the Czech...
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Legal status of an arbitrator
Matoušková, Markéta ; Růžička, Květoslav (advisor) ; Pfeiffer, Magdalena (referee)
Legal status of an Arbitrator Arbitration, standing aside civil court proceedings and ADRs, has become very commonly used procedure in the dispute resolution area. Very often arbitration is defined and being understood by comparing with the two options mentioned above. Comparing to civil procedures before the regular courts the advantages of arbitration are seen in the possibility to choose the arbitrator or members of arbitration tribunal or arbitrational courts up to parties' will. Further unquestionable advantages are that arbitration is faster and usually less expensive. Arbitration can be categorized by various points but the thesis tries to present the differences of the status of an arbitrator in ad hoc arbitration and institutional arbitration. As the goal the thesis shall set to describe essential terms of arbitration and further focus shall aim to analysis of an arbitrator's legal status. Despite the position of parties as masters of dispute, arbitrators are the main figure in arbitration. Arbitrators themselves are obliged to consider their ability to lead proceedings and to decide equitably, or they need to decide about which controversial circumstance to inform parties about so they can make an informed decision whether these circumstances make an arbitrator unable to decide or not. In...
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Consumer protection in the European Union
Vyleťalová, Tereza ; Němcová, Ingeborg (advisor) ; Hnát, Pavel (referee)
This thesis is focused on consumer protection in the European Union with a special emphasis on online shopping. The first section defines the term 'consumer protection', its development, institutional support, instruments and financing. Also, this part describes the digital market of the European Union, hindrances to the growth of online shopping as well as strategies which are created in order to form a digital single market in the European Union. The second section focuses on protection of personal data, alternative dispute resolutions, current legislation regarding consumers rights on internet and new proposals from the European Commission. The new proposals dominate the second part of this thesis and are discussed with an expert. A survey has been conducted to find out more about the Czech experience with problem solving when shopping online. Moreover, this thesis does not leave out court orders from the European Union´s Court of Justice which have led to the uniform application and interpretation of the consumer protection in the European Union.
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Alternative dispute resolutions in trade relations
Štávorská, Zuzana ; Kotoučová, Jiřina (advisor) ; Švarc, Zbyněk (referee)
This thesis discusses the alternative dispute resolution methods in trade relations. The main objective of this thesis is to describe and analyze ADR as a group of methods used to resolute disputes with focus on two main methods - mediation and arbitration. My objective is to describe the main principles of ADR, to compare their main advantages and disadvantages and to analyse the process of resoluting disputes by these methods. Another objective is to evaluate and analyze the development of ADR in the Czech Republic, their legal regulation and its current status. A short part of the thesis concerns about regulation of mediation in the EU and the analysis of implementation of the European Parliament and Council Directive 2008/52/EC dated May 21, 2008 to national legislation. Thesis is divided into five separate chapters. The first, introductory chapter only briefly discusses about dispute and conflict and ways they can be solved. The second chapter already characterizes ADR as a group methods of dispute resolution, its main principles, advantages and disadvantages and finally briefly describes some of the ADR. The third and fourth chapter focuses on the mediation, its principles, advantages, disadvantages, the mediation process and mediator. It monitors the development of mediation in the Czech republic and the current situation in the legal regulation of mediation in the country. The last chapter deals with arbitration. It describes its basic principles, advantages and disadvantages again. The conclusion discusses the czech Arbitration law and the forthcoming amendment.
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