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Alternative Dispute Resolution focusing on Mediation
Doležalová, Martina ; Pauknerová, Monika (advisor) ; Balaš, Vladimír (referee) ; Poláček, Bohumil (referee)
This dissertation focuses in particular on a subject matter, that is relatively new in the Czech environment. It is mediation in civil (noncriminal) matters, governed by Act 202/2012 Coll. The author classifies it as one of the several methods of alternative dispute resolution. In the second part of her work she analyzes the med-arb method. In the third part of the dissertation, the author analyzes the mediation process itself, and specifically focuses on its legal aspects. The fourth part of the dissertation includes a comparative study of selected countries, in the field of civil law (Austria, Italy, Netherlands, Germany, France, Belgium, Slovakia) and the Anglo-Saxon law (UK). The fifth part of the dissertation analyzes the Czech legislation. The author suggests adjustments de lege ferenda as well as amendments that do not require any changes of the law, but that can be addressed through the interpretation of individual provisions. The author complements her work with a selection of foreign cases, as the Czech case law has been completely missing so far. The work ends with an analysis of the Code of Conduct for Lawyers-Mediators, which will be currently published for lawyers - registered mediators.
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The influence of education on the role of mediator performance
Hájková, Adéla ; Pazlarová, Hana (advisor) ; Šišková, Tatjana (referee)
(in English): This diploma thesis deals with the issue of alternative dispute resolution, mediation in non- criminal matters. The mediation is estabilished in the Act on Mediation and amending certain other acts (the Act on Mediation) No. 202/2012 Coll. in the Legal Order of the Czech Republic, that is the main the aspect in this thesis. This actual topic, (the issue is that it is relatively a new law, which came into effect in September 2012), deals with the personality and educational attainment of registered mediators, particulary prerequisite for the performance of the profession of a registered mediator due to the mentioned law and it examines and compares effeciency in the mediators' exams in the Czech Bar Association and the Ministry of Justice of the Czech Republic according to the Ordinance No. 277/2012 Coll., about the trials and rewards of mediator. The main goal of this diploma thesis is to find out by means of quantitative research if there is a difference between registered mediators with different previous university education and how it shows in mediation process. The teoretical part of the diploma thesis is devoted to description of the mediation as an alternative dispute resolution, defining the role and duties of mediators and the system of education of mediators.
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Alternative Dispute Resolution focusing on Mediation
Doležalová, Martina ; Pauknerová, Monika (advisor) ; Balaš, Vladimír (referee) ; Poláček, Bohumil (referee)
This dissertation focuses in particular on a subject matter, that is relatively new in the Czech environment. It is mediation in civil (noncriminal) matters, governed by Act 202/2012 Coll. The author classifies it as one of the several methods of alternative dispute resolution. In the second part of her work she analyzes the med-arb method. In the third part of the dissertation, the author analyzes the mediation process itself, and specifically focuses on its legal aspects. The fourth part of the dissertation includes a comparative study of selected countries, in the field of civil law (Austria, Italy, Netherlands, Germany, France, Belgium, Slovakia) and the Anglo-Saxon law (UK). The fifth part of the dissertation analyzes the Czech legislation. The author suggests adjustments de lege ferenda as well as amendments that do not require any changes of the law, but that can be addressed through the interpretation of individual provisions. The author complements her work with a selection of foreign cases, as the Czech case law has been completely missing so far. The work ends with an analysis of the Code of Conduct for Lawyers-Mediators, which will be currently published for lawyers - registered mediators.
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The influence of education on the role of mediator performance
Hájková, Adéla ; Pazlarová, Hana (advisor) ; Šišková, Tatjana (referee)
(in English): This diploma thesis deals with the issue of alternative dispute resolution, mediation in non- criminal matters. The mediation is estabilished in the Act on Mediation and amending certain other acts (the Act on Mediation) No. 202/2012 Coll. in the Legal Order of the Czech Republic, that is the main the aspect in this thesis. This actual topic, (the issue is that it is relatively a new law, which came into effect in September 2012), deals with the personality and educational attainment of registered mediators, particulary prerequisite for the performance of the profession of a registered mediator due to the mentioned law and it examines and compares effeciency in the mediators' exams in the Czech Bar Association and the Ministry of Justice of the Czech Republic according to the Ordinance No. 277/2012 Coll., about the trials and rewards of mediator. The main goal of this diploma thesis is to find out by means of quantitative research if there is a difference between registered mediators with different previous university education and how it shows in mediation process. The teoretical part of the diploma thesis is devoted to description of the mediation as an alternative dispute resolution, defining the role and duties of mediators and the system of education of mediators.
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