This (diploma) thesis aims to introduce alternative dispute resolution within international business relationships and it subsequently focuses on one of them, which is mediation. This topic was chosen with regards to its recency and an evolving trend of alternative dispute resolution both in Czech Republic, and abroad. The thesis is divided into eight chapters. Introductory chapter introduces the issue of ADR, their characteristics, advantages and the division. The second chapter focuses on the definition of business relationships, international business relationships and suitability of application of ADR in these cases. The third chapter is dedicated to the characteristics of individual types of ADR such as negotiation, conciliation, collaborative law, arbitration, med-arb, medaloa, minitrial and expertise and their mutual comparison. The fourth chapter is devoted to the legislation of ADR within Czech Republic and subsequently to the international legislation of ADR. The fifth chapter focuses on mediation, its characteristics, definition, its forms, history and both national, and international legislation. The sixth chapter aims to introduce mediation within private international law. In the seventh chapter the mediator is characterised by using the comparison of the Czech and Austrian...

Cílem mé práce je poskytnout přehled o činnostech Probační a mediační služby, vymezit základní pojmy, zjistit v čem je její činnost přínosná především pro pachatele a poškozeného a porovnat nákladnost alternativních trestů v porovnání s výkonem trestu ve vězení a vazbě. Najít problémy, se kterými se v rámci svého působení Probační a mediační služba potýká a navrhnout jejich případná řešení. Při zpracování budu vycházet z nastudované literatury a z poznatků, které jsem získala při pohovorech s probačními pracovníky.

Cílem mé práce je poskytnout přehled o činnostech Probační a mediační služby, vymezit základní pojmy, zjistit v čem je její činnost přínosná především pro pachatele a poškozeného a porovnat nákladnost alternativních trestů v porovnání s výkonem trestu ve vězení a vazbě. Najít problémy, se kterými se v rámci svého působení Probační a mediační služba potýká a navrhnout jejich případná řešení. Při zpracování budu vycházet z nastudované literatury a z poznatků, které jsem získala při pohovorech s probačními pracovníky.

This thesis aims to introduce alternative dispute resolution within international business relationships and it subsequently focuses on one of them, which is mediation. This topic was chosen with regards to its recency and an evolving trend of alternative dispute resolution both in Czech Republic, and abroad. The thesis is divided into eight chapters. Introductory chapter introduces the issue of ADR, their characteristics, advantages and the division. The second chapter focuses on the definition of business relationships, international business relationships and suitability of application of ADR in these cases. The third chapter is dedicated to the characteristics of individual types of ADR such as negotiation, conciliation, collaborative law, arbitration, med-arb, medaloa, minitrial and expertise and their mutual comparison. The fourth chapter is devoted to the legislation of ADR within Czech Republic and subsequently to the international legislation of ADR. The fifth chapter focuses on mediation, its characteristics, definition, its forms, history and both national, and international legislation. The sixth chapter aims to introduce mediation within private international law. In the seventh chapter the mediator is characterised by using the comparison of the Czech and Austrian legislation. Final...

The purpose of this thesis is to present mediation as an Alternative Dispute Resolution (ADR). The selection of this topic is influenced by the currency of this issue. This currency can be seen in the adoption of mediation act, which is first of its kind. The thesis is composed of five chapters. The first chapter deals with the general concept of ADR and presents different types of ADR. The second chapter then presents mediation as one of the types of ADR, and focuses on the concept of mediation, its history, the role of mediator and the mediation process in its four sub-sections. The crux of this thesis is then in the following chapters which addresses how mediation is utilised in the European, Czech and Australian legal environments. The third chapter of this work shows the development of mediation in the EU, which led to the adoption of the Directive on certain aspects of mediation in civil and commercial matters (2008/52/EC). This Directive is an essential guide for the development of mediation in the EU Member States, including the Czech Republic. On 13th June 2012 Act No. 202/2012 Sb. on mediation and amending certain laws, which establishes the new concept of mediation in the Czech Republic, was introduced. The adoption of this law implements a Directive on mediation, which the Czech...

This thesis is dedicated to mediation as an alternative dispute resolution method and as a possibility to prevent long lasting court disputes which occur more than necessary. The aim of this thesis is to point out the advantages of mediation and the possibilities of its wider implementation in Czech Republic, while comparing with the Australian system, where mediation is widely used. The thesis is separated into six parts. The first part is focused on a brief introduction of some ADR methods, in particular renegotiation, mediation, pre-arbitration settlement methods, arbitration and hybrid ADR methods. Furthermore, this part focuses on the history of mediation around the world and in the Czech Republic. The end of the first part focuses on a detail analysis of various forms of mediation based on several criteria of division. The second part compares mediation to court proceedings from three different points of view. These are the ability of each method to fulfil the aims and needs of the parties, the aspects of the dispute and of the parties which affect the suitability of each method and lastly the ability of each method to eliminate the barriers to an effective resolution of the dispute. In the third part the author focuses on the role of the mediator, the organisation of mediation in the Czech...

Cílem práce je monitorovat možnosti, které se v současné době spotřebiteli v České republice nabízí, pokud chce svůj spor s podnikatelem řešit jinou než soudní cestou, a popsat již existující systémy ADR ve vybraných členských státech EU. První část je věnována obecné charakteristice ochrany spotřebitele a spotřebitelské politice České republiky a Evropského společenství. Zbývající část se již konkrétně zabývá systémy ADR.

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...

Arbitration and mediation belong to the popular methods used for the international commercial disputes. In the diploma thesis, the author mainly describes the combinations of the processes, focusing on the med-arb with one neutral. Med-arb is considered by the academics to be a controversial method. Since the topic is examined in the context of international commercial disputes, the author analyses not only the Czech law but also foreign jurisdiction and rules of the international organisations. She also refers to recently published researches, such as the International Arbitration Survey 2018 safeguarded by Queen Mary University or the reports of the Herbert Smith Freehills, Pricewaterhouse Coopers and International Mediation Institute. In the first chapters of the thesis, the author describes the individual ADR methods and their combination. The second and third chapter focuses on positives and negatives connected with the method. The effectivity of the process, flexibility, possible loss of impartiality of med- arbiter and conflict of interest are discussed. Following this information, the author presents in the fourth chapter how to work with med-arb in order to eliminate the negative aspects. She gives the attention to the demands on the mediator and arbitrator which the med-arbitrator has to...

71 Abstract Mediation as an alternative manner of dispute resolution The topic of this thesis is mediation, as a form of settlement solution carried out of court. Mediation is in the Czech Republic still very topical. Its growing use can help to reduce the workload of courts. The aim of this thesis was to introduce mediation in general, to discuss the legal regulation of mediation in civil cases in the Czech Republic and critically analyse it. Apart the introduction and conclusion the thesis contains seven chapters in total. The first chapter defines mediation as one of the alternative methods of dispute resolution. Subsections provide a definition of mediation, comparison between mediation and court and arbitration proceedings, and discuss the benefits of resolving the dispute through mediation. The second chapter is focused on the development of mediation. After a brief introduction, it deals with the development of mediation in the United States, Europe and finally in the Czech Republic. Subsequent chapters describe mediation method itself and its theoretical bases. The third chapter discusses the fundamental principles that are applied in the mediation. The fourth chapter provides the basic definition of mediation styles. The following chapter discusses a mediator, his qualification, role,...