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Use of Family Mediation in Resolving Post-breakdown Conflicts
KUBKOVÁ, Lucie
The diploma thesis deals with the use of family mediation in resolving post-breakdown conflicts. The aim of the diploma thesis is to describe the use of family mediation in resolving post-breakdown conflicts. The thesis is divided into two parts - theoretical and practical one. The theoretical part, which is divided into four chapters and subsequently subchapters, defines basic terms such as mediation, its principles, styles and techniques, family mediation and its phases, the role of the mediator, participants in family mediation, breakup and conflict. The practical part is processed using the qualitative research strategy, interviewing method and semi-structured interview technique. The interviews were conducted with six family mediators from non-profit organizations in the South Bohemian Region. The questions that were asked to the respondents were chosen to evaluate the research questions. The research revealed that family mediation can be used for various post-breakdown conflicts, but the form of the mediation process is very individual, because it always depends on the situation and the participants of the mediation. Families can only be approached similar and similar techniques can be used. Although mediation has almost no disadvantages, there is still low awareness and low interest in using this alternative dispute resolution in society. The results of this thesis can serve as a source of information about how family mediation can look like in practice. The obtained data can be used in articles about family mediation or to increase the awareness of students helping professions and public about family mediation and better orientation in it. The obtained informations can also serve as an inspiration or as feedback for family mediators.
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Alternative dispute resolution (ADR) focusing on mediation
Vykysalá, Nikola ; Pauknerová, Monika (advisor) ; Pfeiffer, Magdalena (referee)
The purpose of this thesis is to present the main features of out-of-court dispute resolution (alternative dispute resolution) with mediation in civil and commercial issues under Directive No. 2008/52/EC, Act No. 202/2012 Coll., on Mediation and Change Some Laws ("Medition Act"), and Spanish Act No. 5/2012 on Mediation in Civil and Commercial Matters. The thesis purpose is definition of ADR and types of ADR, mediation and its relationship with international law and legislation in the Czech Republic and Spain. The thesis is divided into five basic chapters. The first chapter explains the term ADR and its advantages and disadvantages, its methods, such as mediation, arbitration, early neutral evaluation, conciliation, minitrial, expert determination and ombudsman. The thesis also explains some hybrid methods of ADR, such as med-arb and arb-med. The second chapter is devoted to the mediation. It refers to the term, the history and the development, the major principles, the forms, the person of mediator, his role, the appointment, the choice, the obligations of impartiality, the independence and the duty of confidentiality, as well as the role of the lawyer in mediation, the ethics in mediation, the costs of mediation and the process of mediation from the point of view of the particular phases. In the...
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The Institution of Financial Arbitrator with a Focus on Alternative Dispute Resolution in a Field of Insurance
Švejnohová, Michaela ; Vybíral, Roman (advisor) ; Kotáb, Petr (referee)
The thesis is focused on the topic of the Financial Arbitrator as an alternative dispute resolution body dealing with the disputes between financial institutions and their clients as well as the proceeding before it. Act No 229/2002 Coll., on financial arbitrator, as a special law adopted based on the requirements of the Directive 97/5/EC on Cross-Border Credit Transfers incorporated into the Czech legal system with effect from 2003 an institution, which is not by its nature and proceeding based on specific rules comparable to any other public authority in Czech republic. The aim of this thesis is to analyse the law identifying a status of the financial arbitrator including the process before it and on the basis of that facts subsequently assess, whether the adopted legislation enables to fulfil the requirements of the directives and if it genuine happens. The content of the thesis is divided into 5 parts, where the first one introduces the institution of the financial arbitrator as for the reasons of its establishing and intended purposes to serve as a stepping stone for further considerations and at the same time seeks to define the status of the institution as it has been given by the legislators. This part is also focused on the building blocks enabling a proper functioning of any institution,...
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Mediation in the Czech Republic
Geryková, Nella ; Smolík, Petr (advisor) ; Winterová, Alena (referee)
Mediation in the Czech Republic Abstract This thesis follows mediation as one of the methods of alternative dispute resolutions in the Czech Republic. The adoption of Act No. 202/2012 Coll., on Mediation and Change of Some Laws, which set the conditions for the performance of mediation in noncriminal matters, represents an important milestone in the development of mediation in the territory of the Czech Republic. This thesis is focused on the mediation process; its main aim is to define the phases through which the mediation passes and also the rights and duties of the mediator, their characteristics and their theoretical basis. This thesis is structured into an introduction, four chapters and a conclusion. The first chapter introduces the concepts of mediation and the parties of the conflict, the development of mediation abroad and in the Czech Republic, also defines the types of mediation and the areas of its application, with an emphasis on family mediation. This chapter is also devoted to the relationship between mediation and court proceedings. The end of the opening chapter offers a list of the advantages and the disadvantages of using mediation for settling conflicts, comparing mediation with court proceedings in some aspects and justifying why mediation can be a more attractive alternative for...
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Alternative Dispute Resolution
RŮŽIČKA, Daniel
This thesis evaluates the implementation and realization of the "Alternative Dispute Resolution" project in Czech Republic. The concept is based on the assumption of di-ametrical inequality between the consumer and the vendor. The ADR aims to increase enforceability of consumer rights otherwise than in court. The system offers to consu-mer three ways how to solve his problem. It is Arbitration, Conciliation and Mediati-on. Unlike court proceedings, all of these methods are very low cost. This work examines consumer awareness about possibility of resolving their dispute with entre-preneur by ADR form. This was done through the questionnaire survey and the in-depth interview with leader of The Czech Trade Inspection Aut-hority ADR department. The research provides data how to raise awareness about ADR system among consumers.
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Alternative dispute resolution (ADR) focusing on mediation
Vykysalá, Nikola ; Pauknerová, Monika (advisor) ; Pfeiffer, Magdalena (referee)
The purpose of this thesis is to present the main features of out-of-court dispute resolution (alternative dispute resolution) with mediation in civil and commercial issues under Directive No. 2008/52/EC, Act No. 202/2012 Coll., on Mediation and Change Some Laws ("Medition Act"), and Spanish Act No. 5/2012 on Mediation in Civil and Commercial Matters. The thesis purpose is definition of ADR and types of ADR, mediation and its relationship with international law and legislation in the Czech Republic and Spain. The thesis is divided into five basic chapters. The first chapter explains the term ADR and its advantages and disadvantages, its methods, such as mediation, arbitration, early neutral evaluation, conciliation, minitrial, expert determination and ombudsman. The thesis also explains some hybrid methods of ADR, such as med-arb and arb-med. The second chapter is devoted to the mediation. It refers to the term, the history and the development, the major principles, the forms, the person of mediator, his role, the appointment, the choice, the obligations of impartiality, the independence and the duty of confidentiality, as well as the role of the lawyer in mediation, the ethics in mediation, the costs of mediation and the process of mediation from the point of view of the particular phases. In the...
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Out-of-court dispute resolution within international business transactions
Hebká, Zuzana ; Růžička, Květoslav (advisor) ; Klee, Lukáš (referee)
This thesis deals with out-of-court dispute resolution within international business transactions. Its goal is an analysis of those methods of dispute resolution that may be encountered both in practice and specialized literature and determination of their basic characteristics that allow comparison. The thesis is divided into six chapters. The first two chapters are of general nature and specify the content of the given topic. The third chapter establishes the framework of relevant law and the subsequent chapters are concerned with the online dispute resolution with the help of modern technology. The first chapter is composed of three parts. The first part defines the notions of out-of-court dispute resolution and alternative dispute resolution (ADR) and explains the relation between those two notions that are not considered synonymous. The second part describes the common features of the out-of-court dispute resolution methods. To the contrary, the third part points out the differences between them and groups the particular methods based on various criteria. The second chapter defines the international business transactions and focuses on international or foreign element and its determination. The third chapter provides an overview of the legal framework relevant to the topic. In its four parts...
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Consumer protection in the European Union
Vyleťalová, Tereza ; Němcová, Ingeborg (advisor) ; Hnát, Pavel (referee)
This thesis is focused on consumer protection in the European Union with a special emphasis on online shopping. The first section defines the term 'consumer protection', its development, institutional support, instruments and financing. Also, this part describes the digital market of the European Union, hindrances to the growth of online shopping as well as strategies which are created in order to form a digital single market in the European Union. The second section focuses on protection of personal data, alternative dispute resolutions, current legislation regarding consumers rights on internet and new proposals from the European Commission. The new proposals dominate the second part of this thesis and are discussed with an expert. A survey has been conducted to find out more about the Czech experience with problem solving when shopping online. Moreover, this thesis does not leave out court orders from the European Union´s Court of Justice which have led to the uniform application and interpretation of the consumer protection in the European Union.
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The Financial Arbiter in the Czech Republic
Loza, Olga ; Rajl, Jiří (advisor) ; Michalíková, Jana (referee)
The presented thesis provides us with a brief excursion into the organizational structure of the Office of the Financial Arbiter, mainly deals with the origin and development of this institute. These include the legal definition of its scope, method of establishment and termination of the institute, requirements for the performance of the Financial Arbitrator and his deputy. Broader opportunities in these areas are engaged in the first chapter. The second chapter is the introduction of practical outputs of the decision-making activities of the Financial Arbiter. Most often it is a fee disputes, disputes regarding the validity of the contract or compliance with its provisions, as well as disputes in the area of payments, life insurance and foreign exchange activities. The conclusion evaluates the long-term benefits of the institute of the Financial Arbitrator and outlined its future development.
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