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New opportunities for mediation in civil cases
Růžička, Vojtěch ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
The submitted thesis describes mediation in civil matters - settlement solution carried out of court - under legislation newly enacted in Czech Republic. After years without concrete legal regulation the lawmakers were forced by the European Union legislation represented by the Directive 2008/52/EC on mediation to respond with special national legislation. Adoption of the Act no. 202/2012 Coll. (Mediation Act) brought a substantial development in this area of Czech legal environment. The author focuses on analysis of the process of mediation and how the legislation is reflected in its individual elements. The work consists of four related chapters. The first chapter describes mediation as one of out-of-court settlement methods, principles of which have been applied thorough history but which has been going through its renaissance in the last decades. The second chapter contains analysis of mediation process, its types and suitability of their use. Here the author describes psychological elements which affect the course of the mediation and their impact on the whole process. The subsequent chapters are crucial for the aim of the work. The third one analyses the former and mainly the recent regulation relating to mediation in civil matters and certain essential institutes that are affected by the new...
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Mediation as an Alternative Dispute Resolution
Joklíková, Kateřina ; Švarc, Zbyněk (advisor) ; Hásová, Jiřina (referee)
The submitted thesis deals with Alternative Dispute Resolution (ADR), particularly mediation activities. The aim of this thesis is to introduce mediation as an alternative method of conflict resolution, that is still relatively neglected in the Czech Republic, through a summary of theoretical knowledge in terms of its practical operation. Particular attention is paid to the recent regulation relating to mediation in civil matters and certain essential institutes that are affected by the new Mediation Act. The work is divided into five chapters. The first chapter defines the general concept of ADR and outlines the different types of ADR. The next part of the thesis presents in detail the mediation, a mediator and requirements for the performance of this function. There is also clearly described the course of mediation process. The third chapter deals with the regulation of mediation in the EU, which is the starting point for each national system. The fourth chapter is devoted to the regulation of mediation in the Czech Republic. It describes the situation that prevailed during the period without comprehensive regulation of mediation in civil matters, the legislative process of preparation and adoption of the Mediation Act, newly enshrined institutes and there is also a definition of the obstacles that could hinder penetration of mediation into wider practice. Finally, there is a comparison of the situation in the Czech Republic with the application of mediation activities in the USA and in some EU countries.
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Mediation in Czech and Slovak republic
Jesenská, Katarína ; Hásová, Jiřina (advisor) ; Švarc, Zbyněk (referee)
This bachelor thesis provides comperhensive view on one of the alternative dispute resolution methods - mediation. The aim is to clarify the existing legislation regarding mediation in Czech and Slovak republic and to explain major similarities and differencies in both legislations. In addition, the thesis includes the practical aspects of mediation which enables better understanding of whole issue. The thesis also answers the question whether the current legislation of mediation meets the requirements, which are placed upon it.
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