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Family meditation in the Czech republic
Fišerová, Rebeka ; Macková, Alena (advisor) ; Pohl, Tomáš (referee)
This thesis aims to introduce mediation as one of the alternative dispute resolution methods, specifically focusing on its application in the field of family mediation. In the initial part of the thesis, mediation is described, involving its scope, process, and legal regulations in the Czech Republic, in the European Union, and internationally. Following this, family mediation, its objectives, and specific aspects are introduced. The subsequent section conducts a comparative study between family mediation and court proceedings in family law disputes. The study seeks to compare both methods of dispute resolution and to determine whether mediation can be a more effective solution for family law disputes. The areas chosen for comparison are the entrusting the child to the care of another person, the settlement of community property, and the determination of child support. In each of these cases, a comparison is made regarding the initiation of proceedings, their course, duration, the financial difficulty, and the enforceability of the resulting solution. The findings of the comparative study support the hypothesis that mediation can be a more effective approach to resolving family law disputes. Mediation generally offers a faster and more cost-effective solution compared to court proceedings, especially in...
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The Use of Meditation in Social Work with Families in the South Bohemian Region
SAMCOVÁ, Aneta
This work deals with the use of mediation in social work with the family in the South Bohemian region. The aim of the thesis is to clarify whether the method of mediation is used in social work with the family and if so, in what way. Furthermore, what is the awareness of social workers about mediation and what are their work experiences with this method. In connection with the set goals, two research questions were chosen: 1.How is the mediation method used in social work with the family? 2.How is the mediation service perceived by the providers of social services for families? The work is divided into theoretical and practical part. The theoretical part deals with the basic concepts of social work with the family and mediation. The practical part was developed by a qualitative strategy, the method of questioning using the technique of semi-structured interviews. The interviews were evaluated using the open coding method, on the basis of which five categories were created. The research group was intentional and consisted of social work working with the family in the South Bohemian region. Seven informants took part in the research part. The research revealed that the mediation method is used in social work with the family in the South Bohemian region. Based on the research results, non-governmental non-profit organizations that have their own mediators can be identified as the main providers of this service. The results of the research further assessed that the general public is aware of this alternative dispute resolution method. The results of the work can be published, for example, in an article dealing with the use of mediation in the adjustment of conditions or can be used in terms of raising awareness of the possibilities of using the mediation service in social work with the family. The obtained data also map mediation service providers in the South Bohemian Region.
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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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Divorce Mediation as a Way of Solving Family Conflicts
KOŘÍNKOVÁ, Kristina
This bachelor thesis deals with the issue of family mediation, both voluntary mediation and court-ordered first meeting with a mediator, as a tool for resolving conflicts in families. The thesis will examine how social workers and mediators perceive the possibility of families using court-ordered mediation to resolve conflict. The thesis is divided into theoretical and practical parts. The theoretical part contains six large chapters, which are further divided into smaller subchapters. In each chapter, I discuss the family and the conflicts that can arise within it. I also introduce possible alternative methods for how to resolve conflicts and then the thesis deals with the theoretical background of mediation, both general and family mediation. Next, my theoretical part describes voluntary mediation and court mediation. The practical part was developed through qualitative research using semi-structured interview techniques. The interviews were designed to find individual answers to the research questions I set out. Five respondents participated in the research, including mediators and social workers who work in family mediation. In the practical part, the individual interviews are then interpreted and analysed. Through the research conducted, I have concluded that mediators and social workers regard family mediation and court-ordered mediation to be a beneficial tool for resolving family conflict, but, like family mediation in general, it has its specific pitfalls. The results of this thesis can be published, for example, in an article on mediation or social work with families. The conclusions can also be used as a starting point for a more detailed analysis of the issue.
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The application of joint physical custody in practice from a perspective of a child's right to care of both parents
Fialová, Markéta ; Frinta, Ondřej (advisor) ; Elischer, David (referee)
The rigorous thesis called The application of joint physical custody in practice from a perspective of a child's right to care of both parents deals with joint physical custody as a form of child custody which fulfills a child's right to care of both parents in the most suitable way. The main goal of this thesis is to define lmits of joint physical custody determined by case law which exclude its appropriateness as well as to evaluate options of operating with parents in order to achieve their own agreement about joint physical custody in order to avoid authoritative court decision. In the introductory chapter the thesis deals with the definition of joint physical custody, its legal basis, social debate following joint physical custody reflecting diverse opinions on it and also with impacts of a parental conflict on joint physical custody. The thesis then deals with the principle of the best interest of a child. It is the most significant principle of family law and as such it is especially necessary to apply it very thoroughly based on the assessment of all circumstances of a particular case. The main part of this thesis is devoted to limits of joint physical custody determined by case law excluding the application of joint physical custody in a particular case based on its inappropriateness. The...
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Mediation in relation to chosen queries of divorce
Hrbková, Zuzana ; Šustek, Petr (advisor) ; Salač, Josef (referee)
The aim of this thesis is to explain the role of mediation and its possibilities in dealing with questions connected to divorce, focusing on adjustment of child relations after a divorce. It also deals with the use of other methods for adjustment of child relations after divorce which should help with minimalizing negative impacts which are inevitably connected to divorce. It is looking for inspiration in our neighbouring countries: Germany, Austria, and Poland. This thesis is divided into two imaginary parts. The first part includes eight chapters and is dedicated to family and divorce mediation. In the second part, there is analysed adjustment of child care after divorce in the Czech legal system and there are discussed other methods than mediation which can be used for adjustment of child relations after a divorce. At the beginning of the first part, mediation is defined as alternative dispute resolution. After that, there is shortly mentioned its history and development in Europe and the Czech Republic. In the third chapter, family mediation is introduced and its elementary types (i.e. family mediation in a narrow sense and divorce mediation) in Czech terminology are defined while there is also mentioned mediation for the protection of children. This chapter also familiarizes us with specific...
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The application of joint physical custody in practice from a perspective of a child's right to care of both parents
Fialová, Markéta ; Frinta, Ondřej (advisor) ; Elischer, David (referee)
The rigorous thesis called The application of joint physical custody in practice from a perspective of a child's right to care of both parents deals with joint physical custody as a form of child custody which fulfills a child's right to care of both parents in the most suitable way. The main goal of this thesis is to define lmits of joint physical custody determined by case law which exclude its appropriateness as well as to evaluate options of operating with parents in order to achieve their own agreement about joint physical custody in order to avoid authoritative court decision. In the introductory chapter the thesis deals with the definition of joint physical custody, its legal basis, social debate following joint physical custody reflecting diverse opinions on it and also with impacts of a parental conflict on joint physical custody. The thesis then deals with the principle of the best interest of a child. It is the most significant principle of family law and as such it is especially necessary to apply it very thoroughly based on the assessment of all circumstances of a particular case. The main part of this thesis is devoted to limits of joint physical custody determined by case law excluding the application of joint physical custody in a particular case based on its inappropriateness. The...
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The rights of a child and duties of a parent
Carbolová, Zuzana ; Hendrychová, Michaela (advisor) ; Šustek, Petr (referee)
Resumé This thesis, dealing with rights of a child and duties of a parent, is based on the fact that it is primarily the parents who have to fulfill their duties towards children while a child has primarily the right that a parent fulfills duties towards him. This condition is justified by the fact that children are in relation to adults, in this thesis towards parents, traditionally considered as a weaker "element". Because of that, the attention is firstly paid to the rights of a child in a wider context. In the very beginning we take into consideration a historical context of the child's rights development that shows the contrast between a premodern period when a child was considered as almost powerless and without rights and a "progressive " 20th century when a lot of international documents concentrate solely on rights of a child. As a follow-up to the child's rights development, the attention is aimed on explanation of the terms "best interests of the child" and "child's welfare". The thesis also deals with participatory rights in relation to the law court and in relation towards parents. Because the role of a family is very important in a development and education of a child, the thesis also focuses on juridical protection of the family and explains the term "family" in the European system of the...
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Significance of family mediation in the resolution of legal conflicts in a family
Čechová, Helena ; Radvanová, Senta (advisor) ; Frinta, Ondřej (referee)
Significance of family mediation in the resolution of legal conflicts in a family The purpose of my thesis is to analyse the issue of family mediation. Family mediation which is a form of Alternative Dispute Resolution (ADR) could be defined as a structured process in which family members agree to appoint a neutral third party (the mediator) who assists them to find a mutually satisfactory solution to their problem based on their own decisions. The mediator must be impartial, their role is to encourage communication between the parties but has no authority to make any substantial suggestions or decisions with regard to the parties' issues. The mediation process is voluntary and confidential. One of the reasons why I chose this topic is my belief that family mediation can be in many cases a more suitable way to solve family conflicts than litigation. In many foreign countries (especially western European countries, the USA and Canada) mediation has a long history and is used frequently to solve conflicts that relate to separation, divorce, custody, financial questions in family etc. In the Czech Republic, however, family mediation has not been developed very well and I find this situation unfavorable. Recently there has been lots of discussion concerning the draft law on mediation. It could bring...
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