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Mediation of Commercial Disputes: Domestic and International Perspectives
Svatoš, Martin ; Pauknerová, Monika (advisor) ; Balaš, Vladimír (referee) ; Poláček, Bohumil (referee)
SUMMARY: MEDIATION OF COMMERCIAL DISPUTES - DOMESTIC AND INTERNATIONAL PERSPECTIVES Dr. Martin Svatoš This paper addresses the mediation and its use in the both domestic and international commercial disputes. The milieu that serves as a source of the problems to be resolved during mediation is a specific one. It demands quick, cost-effective and confidential resolution of complicated disputes involving several parties. In general, this cannot be granted by the traditional ways of dispute resolution - litigation and arbitration. Mediation is regarded as a cost-effective and quick extrajudicial resolution of disputes in civil and commercial matters through processes tailored to the needs of the parties. On the other hand, there are several legal and legal-related issues that have to be discussed. And thus, the question that remains to be answered is: Is mediation really as effective as it is told? And in the case of a positive answer - why it is not the most commonly used dispute resolution procedure? The main goal of this thesis is to answer these queries. Its first part focuses on the issue of mediation in general. Quite surprisingly, there is no exact definition of mediation neither in the legal acts, nor in the opinion of the ADR experts. In contrast, plenty of definition can be found after short...
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