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Mediation as a form of alternative dispute resolution in Europe
Skoumalová, Sabina ; Pfeiffer, Magdalena (advisor) ; Pauknerová, Monika (referee)
The aim of this diploma thesis is to explore the term mediation, its principles and its process. Another aim is a comparison of selected mediation rules and last but not least assessing the quality of the implementation of Directive 2008/52/EC of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters into the legal order of the Czech Republic and the Netherlands. The content of the first chapter is focused on mediation and its place among the alternative dispute resolution methods. The thesis engages in the meaning of this term, its historical grounds, principles, the fundamental classification of mediation approaches, the evaluation of its advantages and disadvantages as well as the analysis of phases of the mediation process. The second chapter deals with the institutionalized mediation. After analyzing this term, the advantages and disadvantages of this approach are explained. The main part of this chapter is the examination and the comparison of the most important provisions of mediation rules of prestigious, Europe-based international institutions such as ICC, VIAC and WIPO as well as the UNCITRAL Conciliation Rules, which are applicable for ad hoc mediation. The third chapter is dedicated to the legal framework of mediation at...
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Procedural aspects of mediation in EC law
Rivera, Eva ; Tomášek, Michal (advisor) ; Pauknerová, Monika (referee) ; Zavadilová, Marta (referee)
Procedural aspects of mediation in EC law Eva Rivera, 2011 1 Abstract The objective of this dissertation is the determination of the significance of procedural aspects of mediation and the answer to the question to what extent it has been considered within European Union law. The research is based on the assumption that the acknowledgment of a procedural relevance of mediation is crucial for its overall effectiveness. Mediation is besides its feature as a communication technique becoming ever more important as a dispute resolution procedure for civil and commercial conflicts in Europe. In this context the role of mediation within and in relation to other procedures for the resolution of disputes has to be considered. While on one hand the terminology and the differences between mediation and other forms of Alternative Dispute Resolution (ADR) as well as certain judicial attempts of settling disputes may not always be easily determined, on the other hand, it can be stated that the ADR form of mediation is beyond its early stages and clearly shows its own procedural relevance. The comparison of European national jurisdictions in the field of mediation leads to a core definition of mediation as a voluntary process where a third person without the authority to pass a binding decision over the dispute between...
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