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This thesis deals with the topic of international mediation. It starts with its theoretical concept and analyzes the individual elements of the definition of mediation, which it divides into essential and additional. It then covers the history of the mediation procedure in the ancient times and the modern approach. It also attempts to solve the confusing terminology of mediation and conciliation. In chapter two it moves on to the description of other hybrid forms such as MEDALOA, med-arb or arb-med. The third chapter describes the individual forms of mediation with focus on court mediation in particular. First, its implementation possibilities are explored, which are followed by practical examples of judicial mediation in different countries. Chapter four is devoted to the regulatory framework starting with international documents. It compares mediation rules of several mediation institutions across the world. Then it investigates the pros and cons of the European mediation directive 2008/52/ES and two codices of behavior for mediators. Finally, the last part of chapter four is concerned with Czech mediation law. It provides an outline of the Law No. 202/2012 Coll. and the newest soft law document - Codex of attorney-mediator. Information from this chapter is transferred to a comparison table for more...

Mediation as a method of alternative dispute resolution The purpose of this thesis is to introduce mediation as a method of alternative dispute resolution and point out its potential. The thesis is divided into five chapters. The first chapter presents various methods of ADR including so-called hybrid forms. There is also a summary of advantages and disadvantages that are associated with these forms of dispute resolution. The second chapter starts with the historical development of the institute of mediation and continues with the presentation of various forms of mediation. This chapter also discusses a mediator, his role and aspects that should be taken into account when parties want to choose a suitable person. Then particular phases of the mediation process are analysed. The third chapter is concerned with the international regulation of mediation. It is divided into two parts. The first part focuses on mediation regulation contained in the mediation rules of particular international institutions. To ensure better clarity and mutual comparison the most important information are presented in tables attached to this thesis. The second part relates to the European regulation of mediation. It mentions the most important documents adopted by the EU in order to develop this amicable dispute...

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...

abstract: Mediation analysis is a statistical approach that examines the effect of a treatment (e.g., prevention program) on an outcome (e.g., substance use) achieved by targeting and changing one or more intervening variables (e.g., peer drug use norms). The increased use of prevention intervention programs with outcomes measured at multiple time points following the intervention requires multilevel modeling techniques to account for clustering in the data. Estimating multilevel mediation models, in which all the variables are measured at individual level (Level 1), poses several challenges to researchers. The first challenge is to conceptualize a multilevel mediation model by clarifying the underlying statistical assumptions and implications of those assumptions on cluster-level (Level-2) covariance structure. A second challenge is that variables measured at Level 1 potentially contain both between- and within-cluster variation making interpretation of multilevel analysis difficult. As a result, multilevel mediation analyses may yield coefficient estimates that are composites of coefficient estimates at different levels if proper centering is not used. This dissertation addresses these two challenges. Study 1 discusses the concept of a correctly specified multilevel mediation model by examining the underlying statistical assumptions and implication of those assumptions on Level-2 covariance structure. Further, Study 1 presents analytical results showing algebraic relationships between the population parameters in a correctly specified multilevel mediation model. Study 2 extends previous work on centering in multilevel mediation analysis. First, different centering methods in multilevel analysis including centering within cluster with the cluster mean as a Level-2 predictor of intercept (CWC2) are discussed. Next, application of the CWC2 strategy to accommodate multilevel mediation models is explained. It is shown that the CWC2 centering strategy separates the between- and within-cluster mediated effects. Next, Study 2 discusses assumptions underlying a correctly specified CWC2 multilevel mediation model and defines between- and within-cluster mediated effects. In addition, analytical results for the algebraic relationships between the population parameters in a CWC2 multilevel mediation model are presented. Finally, Study 2 shows results of a simulation study conducted to verify derived algebraic relationships empirically. / Dissertation/Thesis / Ph.D. Psychology 2010

Magister Legum - LLM

This diploma thesis deals with the importance of the mediation in solving different types of disputes and disagreements between family members. This is a theoretical-empirical work. The aim of the thesis is the evaluation of the contribution of mediation as a method of resolving disputes between family members. The theoretical part shows first comprehensive overwiew of the mediation. Each chapter is dedicated to topics related to history of mediation both in the world and in our country and shows researches of already existing studies. It also presents mediation in terms of its aim, principles and process, introduces the mediator and his competences that are specially dedicated to a family topic that is crucial in relation to the aim of this diploma thesis, the family mediation. This work focuses on family and its actual topics as well as pitfalls. The work dedicates to the area of disputes, its reasons and development. The empirical part extends the work of results of a qualitative research conducted in the form of an interview with ten respondents who have undergone the process of mediation. The aim of the investigation was to find out how persons who have undergone the mediation process evaluate mediation as a method of resolving disagreements between family members? The main finding is that the...

The field of mediation tend to shift as practitioners and theorists make new recommendations concerning how the mediation practice should be conducted. The United Nations play a crucial role in this, its work involves providing training and guidance for new mediators through various arms of their system. This thesis is analyzing the 2010 publication A Manual for UN Mediators: Advice from UN Representatives and Envoys to identify which skills and strategies they are recommending, through Braun and Clarke’s (2006) six step approach to thematic analysis, connecting to the social constructionist paradigm. According to social constructionism, all mediation practices are based on ideological or value premises. Therefore, the identified recommendations are analyzed and discussed at the level of underlying ideologies. In particular, through the lenses of a problem-solving and transformative approach to mediation. Resultingly, a total of 12 themes relating to recommended mediation strategies and skills are identified, with both approaches to mediation being identified in the themes relating to the strategies and discussed within this regard.

This thesis investigates what parental mediation strategies parents of children under twouse and what factors are involved that influence their decisions. To find that out, it isalso of interest to this work how these parents integrate media in daily routines withtheir children and for what purposes they turn to digital devices. To find out about theirmediation strategies, six families kept a media diary and ten first-time parents wereinterviewed as follow-up to the diaries. The results of both methods showed that parentsof children under two mainly used restrictive mediation, active mediation and distantmediation. Restrictions regarded time, content, devices, and location. However, theserestrictions were no clear formulated rules yet but affiliate to the high awareness that theparticipants stated regarding media use with their children, probably also influenced bymoral panics. The same applies to distant mediation: even though media was used inmoments when parents needed to do e.g. housework, most parents refrained fromreferring to media as a ‘babysitter’. The most intriguing finding is that first-time parentsrestrict their own media use so that their child’s screen time is as little as possible.Acting as role models, parents would hide their devices when their child becomes awareor look at it somewhere where their child cannot see it. Factors that influencedmediation strategy decisions were high awareness also due to official recommendations,concerns of parents, positive notions towards media use, tendency to show more aschild grows, and negative emotions connected to media. With these findings, this thesiscontributes to contemporary research on mediation strategies of parents under twowhich is still scarce now but needs to be considered in further research as this studyproves.

Thesis (doctoral)--Universität Passau, 2006. / "Zivilrecht"--Cover. Includes bibliographical references (p. 275-290).