|
|
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...
|
|
|
Institutional arbitration procedure
Zoubková, Kateřina ; Růžička, Květoslav (advisor) ; Dobiáš, Petr (referee)
- Institutional Arbitration Arbitration in its today's dimension is a phenomenon that represents an alternative system to a state organized litigation. Arbitration is way of settling disputes among subjects in various fields of economic activities. There is commercial arbitration which is the most spread and used in the world, sport arbitration, mixed arbitration and others. This thesis, also due to the fact that it has been assigned by The Department of Commercial law - International Private Law, is devoted to international commercial arbitration. Arbitration is a private system of litigation in which private neutrals are called by parties to resolve their dispute. Arbitration held by individual neutrals chosen particularly for determinate cause is called ad hoc arbitration. In response to a stabilization of arbitration procedure, the arbitration institutions were established to provide arbitrational services and other dispute resolution services. Arbitration administrated by such institutions is in theory called institutional arbitrational, which is the subject of present work. The thesis is deemed to report on actual arbitrational and other dispute resolution services offered by major world institutions. These services include the arbitration proceedings itself which is the most important and...
|
|
|
Alternative Dispute Resolution and the Rights to Judicial Protection in the Czech Republic
Peroutka, Jan ; Kubešová, Silvia (advisor) ; Frintová, Dita (referee)
The aim of this master's thesis was to describe alternative dispute resolutions in the overall context of the right to judicial protection guaranteed by the judicial system. In the Czech Republic, there are several alternatives to legal proceedings; these are in particular: (1) arbitration, (2) mediation, and (3) conciliation by the Consumer Protection Act. The thesis then aimed to answer the question whether the existence of these different techniques of settling disputes extends the right to judicial protection of the parties - in a broader sense, whether there is an increase in application of their procedural rights - or vice versa. Arbitration represents an important part of this thesis. I first focus on procedural rights participants in arbitration are guaranteed. I conclude that participants can waive the right to judicial protection guaranteed by Art. 36 of the Charter of Fundamental Rights and Basic Freedoms only under strict conditions, i.e. the expression of will must be unequivocal, informed (conscious) consent, free (voluntary, i.e. without coercion), unconditional; and only to a limited extend. However, this waiver is not absolute and unlimited; certain minimum guarantees of procedural rights defined by practice of the European Court of Human Rights in Strasbourg are applied to ensure a...
|
|
|
Institutional arbitration procedure
Zoubková, Kateřina ; Růžička, Květoslav (advisor) ; Dobiáš, Petr (referee)
- Institutional Arbitration Arbitration in its today's dimension is a phenomenon that represents an alternative system to a state organized litigation. Arbitration is way of settling disputes among subjects in various fields of economic activities. There is commercial arbitration which is the most spread and used in the world, sport arbitration, mixed arbitration and others. This thesis, also due to the fact that it has been assigned by The Department of Commercial law - International Private Law, is devoted to international commercial arbitration. Arbitration is a private system of litigation in which private neutrals are called by parties to resolve their dispute. Arbitration held by individual neutrals chosen particularly for determinate cause is called ad hoc arbitration. In response to a stabilization of arbitration procedure, the arbitration institutions were established to provide arbitrational services and other dispute resolution services. Arbitration administrated by such institutions is in theory called institutional arbitrational, which is the subject of present work. The thesis is deemed to report on actual arbitrational and other dispute resolution services offered by major world institutions. These services include the arbitration proceedings itself which is the most important and...
|
|
|
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.
|
|
|
Legal Regulation of Mediation in Commercial Disputes
Kerbachová, Tereza ; Grmelová, Nicole (advisor) ; Valenta, Petr (referee)
This Bachelor thesis on the Legal Regulation of Mediation in Commercial Disputes deals with the characteristics and use of mediation as one method of alternative dispute resolution. Commercial mediation is in its infancy in the Czech Republic. Its development was influenced mainly by the adoption of Act No. 202/2012 Coll., on Mediation and Amending Certain Acts. The first chapter comprises a general introduction on the topic and its comparison with other ADR methods. The second chapter deals primarily with the development of legislation and the enactment of law. Further work is dedicated to the mediation process and requirements for mediators. The practical part is based on my participation in mediation testing.
|
|
|
Alternative dispute resolution for domain names
Gongol, Tomáš ; Švarc, Zbyněk (advisor) ; Boháček, Martin (referee) ; Jakl, Ladislav (referee) ; Růžička, Květoslav (referee)
The thesis in its theoretical part deals with problem of a domain name and alternative dispute resolution definitions. The view on the domain name definition is described both in Czech legal order and the international context. Rules of registration and using domain names are defined not only by the state law but also and above all by private rules formed by generic and country code top level domain administrators. Analyses of these legal sources and theirs comparison is necessary presumption for legal discretion of further development. Missing legal definition causes many problems which are shown in the context of concrete court and administrative decisions in the Czech Republic. Especially important are relations between domain names and trade marks, trade names, right to protection of person and the law of unfair competition. For definition of an alternative dispute resolution a special method of Aristoteles' logical square was used and applied on conditions of disputes resolution. The object of interest in the second practical part of the thesis is a legal regulation of .eu domain names. After necessary definition of legal sources, especially on secondary law level of the European Community, follows in practical part analysis of decisions concerning .eu domain name disputes issued by alternative procedure provided by the Czech Arbitration Court attached to the Economic Chamber of the Czech Republic and Agricultural Chamber of the Czech Republic, in the year of 2007. Essential part of this analysis is formation of domain name "case law".
|
|
|
Mediace v obchodních věcech
Peroutková, Marie ; Koucká, Jiřina (advisor) ; Kříž, Radim (referee)
Diplomová práce se zabývá charakteristikou a fungováním mediace v obchodních věcech jako jednou z metod alternativního řešení sporu. ? První část se zabývá technikou mediace jako takovou, odlišením od ostatních ADR a přístupem právníků. ? Druhá část se zabývá úpravou jiných států, kde je popsáno několik variant a systémů, jak může být mediace zapojena do právního systému daného státu. ? Nejdůležitější součástí diplomové práce je popis právní úpravy mediace v České republice a zamyšlení nad její budoucností. ? Ve čtvrté části jsou uvedeny a rozebrány některé konkrétní nebo modelové situace mediace na kterých je konkrétně ukázáno fungování mediace, výhody a vztah k soudnímu řízení.
|
guest ::
