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Mediation in the Czech Republic
Jaroš, Jan ; Macková, Alena (advisor) ; Zahradníková, Radka (referee) ; Dörfl, Luboš (referee)
DISERTAČNÍ PRÁCE V ANGLICKÉM JAZYCE Mediation in the Czech Republic A doctoral thesis represents an evaluation of the fulfillment of the legislator's predicted objectives and expectations placed into the adopted legislation of mediation after ten years of its effectiveness in the legal system of the Czech Republic. The text is divided into thirteen chapters, which gradually address the main topics related to the new civil law regulation of mediation. The first chapter briefly describes the development and existing mediation regulation in the Czech Republic. Next, there are identified the main points of research interest, which are elaborated in more detail in the following chapters. The attention is successively paid to the topics of (i) the duplex legal regulation of mediation, (ii) the performance of mediation outside the framework of the Mediation Act, (iii) the presumed benefits and guarantees associated with mediation under the Mediation Act, (iv) confidentiality of the subjects involved in mediation, (v) the remuneration and reimbursement of the mediator's expenses, (vi) prerequisites for the registered mediator profession, (vii) special legislation for mediator-attorneys, (ix) regulation of the first ordered meeting with a registered mediator, (x) the statute of limitations, (xi) direct...
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Mediation in the Czech Republic
Jaroš, Jan ; Macková, Alena (advisor) ; Zahradníková, Radka (referee) ; Dörfl, Luboš (referee)
NÁZEV DISERTAČNÍ PRÁCE V ANGLICKÉM JAZYCE, ABSTRAKT V ANGLICKÉM JAZYCE A 3 KLÍČOVÁ SLOVA V ANGLICKÉM JAZYCE Mediation in the Czech Republic A doctoral thesis represents an evaluation of the fulfillment of the legislator's predicted objectives and expectations placed into the adopted legislation of mediation after ten years of its effectiveness in the legal system of the Czech Republic. The text is divided into two main sections. The first section deals with topics related to the Act on Mediation and the Decree on Examination and Mediator's Remuneration. The second part is concerned with the consequences and connections that are not explicitly regulated by such legislation. In the specific chapters, the expectations of the legislator and subsequent opinions arising from ten years of expert discussion are presented. The author's own conclusions formed using appropriate methodological procedures, especially analytical, normative and empirical approach follows. If possible, available statistical data and partly also foreign examples were used in the thesis. In the first part, the addressed topics are (i) the duplex legal regulation of mediation, (ii) the consequences of such duplexity, i.e. advantages and disadvantages for the mediator and participants, (iii) the performance of mediation according to the Trade...
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Adjudication as a method of dispute resolution in international construction projects
Dvořák, Jaroslav ; Klee, Lukáš (advisor) ; Pauknerová, Monika (referee)
Adjudication as a method of dispute resolution in international construction projects Abstract The subject of this thesis is an analysis of the use of adjudication as a relatively new, and in the Czech environment not yet well-studied, method of dispute resolution concerning a range of disputes arising between the subjects of contractual relationships in the field of construction projects containing a foreign element. The focus on so-called international construction projects reflects the current trend of expansion of construction entrepreneurs into foreign markets and the formation of multinational groups of construction entrepreneurs. This trend brings construction entrepreneurs into the environment of international business relations, where the presence of foreign element conditions the need to choose or determine the applicable law of a given contractual relationship using the conflict of laws principles. Adjudication is defined in this thesis as an alternative method of dispute resolution in which a dispute is submitted to an expert (or more often a group of three impartial and independent experts) specialized in the given area of the subject matter of the dispute, vested with the power (given by contract or by law) to decide the dispute between the parties in an interim binding manner while retaining...
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Divorce Mediation as a Way of Solving Family Conflicts
KOŘÍNKOVÁ, Kristina
This bachelor thesis deals with the issue of family mediation, both voluntary mediation and court-ordered first meeting with a mediator, as a tool for resolving conflicts in families. The thesis will examine how social workers and mediators perceive the possibility of families using court-ordered mediation to resolve conflict. The thesis is divided into theoretical and practical parts. The theoretical part contains six large chapters, which are further divided into smaller subchapters. In each chapter, I discuss the family and the conflicts that can arise within it. I also introduce possible alternative methods for how to resolve conflicts and then the thesis deals with the theoretical background of mediation, both general and family mediation. Next, my theoretical part describes voluntary mediation and court mediation. The practical part was developed through qualitative research using semi-structured interview techniques. The interviews were designed to find individual answers to the research questions I set out. Five respondents participated in the research, including mediators and social workers who work in family mediation. In the practical part, the individual interviews are then interpreted and analysed. Through the research conducted, I have concluded that mediators and social workers regard family mediation and court-ordered mediation to be a beneficial tool for resolving family conflict, but, like family mediation in general, it has its specific pitfalls. The results of this thesis can be published, for example, in an article on mediation or social work with families. The conclusions can also be used as a starting point for a more detailed analysis of the issue.
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Mediation
Grobelná, Kristýna ; Smolík, Petr (advisor) ; Sedláček, Miroslav (referee)
This thesis is about mediation as an alternative dispute resolution and at the same time as an alternative to court proceedings. The aim is to acquaint the reader with mediation as a method, its comparison with other alternative methods and at the same time to compare it with court proceedings, the possibilities of its use, the subjects of mediation and prosec of mediation. The author also compares some differences in the Czech and Slovak regulations. The second chapter focuses on explaining the concept of mediation, its goals and mediation styles. The third chapter is about alternative methods of dispute resolution, namely arbitration, mini-process, negotiation, conciliation and subsequently combined methods such as mediation- arbitration and arbitration-mediation. These methods are described only very briefly and the chapter focuses mainly on their differences from mediation. The fourth chapter focuses on the relationship between mediation and court proceedings. The aim is to compare the suitability of using the methods in different cases and to compare the individual advantages and disadvantages in terms of different factors. The fifth chapter deals with mediation in practice and its legal basis. It discusses the individual sectors in which mediation can be used and any differences and specifics...
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Mediation as alternative dispute resolution
Lokajíčková, Diana ; Macková, Alena (advisor) ; Frintová, Dita (referee)
1 Mediation as an alternative way of resolving disputes Abstract This work deals with the increasingly frequent type of dispute resolution, to be concrete it focuses on mediation. In the introduction, the author deals with the essence of conflict. The author also discusses the types of alternative dispute resolution. After this theoretical introductory part, the work focuses exclusively on mediation. It describes the history of this institute, the division of types of mediation, analyses the legal regulations and presents a general overview of the mediation procedure and the specifics associated with it. The work mainly deals with the principles of mediation such as confidentiality, voluntariness, with regard to the assumptions and performance of mediation by a registered mediator. The author analyses all the mentioned topics in connection with national legislation and compares it with European legislation so that the reader can understand the development of mediation and its possible pitfalls. The author also provides her suggestions for further cultivation of the mediation environment based on his experience as a registered mediator and a study of foreign mediation practice. Key words: mediation, code of ethics, alternative dispute resolution, ADR
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Alternative dispute resolution in sports at the international level with an emphasis on the Court of Arbitration for Sport
Mádl, Ladislav ; Balaš, Vladimír (advisor) ; Hamerník, Pavel (referee)
81 Alternative dispute resolution in international sport with the emphasis on the Court of Arbitration for Sport Key words: alternative dispute resolution, Court of Arbitration for Sport, UNCITRAL Abstract The goal of this thesis is to introduce basic methods for alternative dispute resolution currently available in the area of sport on the international level. First chapter deals generally about the term of alternative dispute resolution, reasons of its growing popularity particularly in the sporting sphere, its advantages and the perception of its use worldwide. The second chapter comprises a detailed analysis of now probably the most important institution in the field of alternative dispute resolution in sport, which is the Court of Arbitration for Sport (CAS) with its seat in Lausanne, Switzerland. After more than 30 years of its existence, this institution is already an established brand that offers solutions to disputes within sport, primarily through arbitration. This takes place either within the Ordinary Division or the Appeals Division of the Court. Detailed description of the proceedings in disputes of this kind is the main part of this chapter, supplemented with practical findings. Special branch of arbitration offered by CAS is the resolution of disputes on major sporting events such as the...
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Arbitration proceedings as a means of dispute resolution in international law with regard to the recognition and enforcement of foreign arbitral awards
Petr, David ; Balaš, Vladimír (advisor) ; Macková, Alena (referee)
Arbitration proceedings as a means of dispute resolution in international law with regard to the recognition and enforcement of foreign arbitral awards Resumé Arbitration as a method of settlement of disputes settlement has enjoyed growing popularity in recent several years. Arbitration stands between other alternative means of dispute settlement and the common court trial as a alternative dispute resolution. Although negotiation, good offices, mediation, conciliation, inquiry, mini-trial, medarb or meadaloa are often used forms of the dispute settlement their awards cannot be enforced by the state authority. Those means are popular mainly in the business field where the parties are interested in the cooperation and where they aim to clear up some misunderstanding or technical problems rather than solve major disputes between them. While the dispute should be solved by the binding way the parties would choose the arbitration as a legally framed procedure. Arbitral awards are then able to be enforced and the parties also have more exact boundaries for the whole procedure. However, there is no unified definition of the arbitration, it could be described as a legal technique where the parties bring claim before one or more neutral persons (arbiters or arbitral tribunal) by whose award the parties agree to be...
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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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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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