Family mediation as a method of resolving family disputes Family disputes rank among the most mentally and emotionally demanding. Despite that they can be resolved in a cultivated manner through an intermediate. A mediator does not decide the dispute on behalf of the parties but he/she can help them to find their own solution acceptable for all the involved parties. The theoretical part of the thesis outlines the conflict as a subject matter of the mediation. It also describes mediation as a form of negotiation. One part of the thesis is dedicated to the person of the mediator and his/her role and competence in the mediation process. Further, the thesis deals with the process and forms of mediation. The theoretical part also contains a characterization of mediation in family conflicts and it describes objectives of family mediation, its advantages and limitations. It also describes the tasks of the mediator in a divorce procedure and the legal regulation of family mediation. The thesis also deals with children in parental legal disputes and with the importance of a family for a child. The objective of the practical part was to determine how mediation, as a method of resolving divorce disputes, is viewed by workers in charge of social and legal protection of children operating in the South Bohemian region and to determine to what extent the respective social workers are familiar with mediation. In order to obtain comprehensive information about the divorce mediation, we also approached mediators involved in this type of disputes. One of the objectives of the thesis was to determine how the mediators view divorce mediation in the South Bohemian region. Last but not least, I was interested in mutual cooperation between the two involved entities. The purpose of the conducted interviews was to find out whether there are any obstacles which prevent the development of divorce mediation and its more frequent use in the South Bohemian region. Main object, by having answered partial questions, was to describe the potencial of divorce mediation and its real usage in the South Bohemian region. In order to obtain the necessary data we used a qualitative research. As a technique to collect the qualitative data we used semi-structured interviews with open questions. The respondents {--} workers of social and legal protection of children - were asked previously defined circles of questions which focused on a mediation method in general, mediator´s working post, divorce mediation and questions focusing on cooperation with mediators specialized in divorce mediation. The first three circles of questions were identical also for the interviewed mediators. The latter were additionally asked questions about the introduction of divorce mediation and availability of the method. Interviews were recorded on a dictaphone and subsequently converted into a written form. Before the beginning of the interview each interviewed person was assured that the interview was anonymous and no names or workplaces were recorded. For the purposes of a qualitative research we approached seven workers of the authority in charge of social and legal protection of children at workplaces in Písek, České Budějovice, Strakonice and Milevsko. For the purposes of research we also interviewed four mediators dealing with family (divorce) mediation in the South Bohemian region. The results of the thesis may improve the awareness of the discussed issues. The thesis may also serve as a pilot project for a more extensive research.

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...

The theoretical part describes mediation, especially its specifics, the mediator and their education. Furthermore, I focus on the family and the child in context of family conflict, social work, law related to mediation and awareness do mediation as an alternative way of solving problems. The empirical part is a quantitative research on awareness of the family mediation among students of social work and law. Firstly, I compared the educational plans of particular programs. Secondly, I created online questionnaires and examined their results. As the additional method I used a structured interview with chief executive officer of Český mediátor company. The survey obtained 100 respondents, 47 student of law, 53 students of social work and one important for the interview. It was found that both students of social work and law have no mandatory subjects on mediation. They can only have it optionally. Based on the questionary survey it was proven that students of social work knew family mediation in terms of its process better than students of law. Surprisingly, students of social work are often interested in family mediation in their future profession. When it comes to the overview of frequency of the usage of the family mediation the results are almost identical for both groups. Both students knew that...

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...

The purpose of this thesis is to introduce the mediation as one of the methods of Alternative Dispute Resolution (ADR). The main reason for choosing this topic was topicality of issues because in the last years the mediation has been developing in our country. A relatively recent adoption of The Mediation Act No. 202/2012 Sb., which is effective since 1st September 2012, contributed to this development. The thesis involves seven chapters that are further subdivided. In the Chapter One, basic information relating to an alternative dispute resolution are summarized. Characteristic features are shown there and there are more details of each method of ADR. Chapter Two examines basic characteristic of the mediation as a method of ADR. This chapter consists of four subchapters that analyze in more detail historical development of the mediation, basic characteristic features of the mediation, basic principles of the mediation and finally also advantages and disadvantages of the mediation. The status of the mediator is discussed in the Chapter Three of this thesis. The main focus is on the question of impartiality and independence of the mediator, as well as its duty of confidentiality. Chapter Four includes basic information about the status of parties to the conflict because they are the ones who have...

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...

This dissertation is focused on role of probation and education programs in area of tertiary prevention of social deviation. Large amount of youngsters usually fail or break the rules during the program. It was my goal to look over a point of view of adolescents to another implication of probation programs for their lives. My dissertation objective was to reveal the reason of probation programs for youngsters, who attend these programs either voluntarily or obligatorily.Probation officers, who choose the youngsters for program, haven't information about how big importance their clients attribute to sense of probation program and what experience they get. My dissertation is divided into two parts. For first theory. Theory is based on study of available literature, which deals with youth crime. Important part is explanation of the fact, what probation programs are and what is the sense and purpose of them. I will describe current experiences but also new knowledge about research of work with youth and successful foreign projects. The theoretical part is followed by empirical part. I've decided to make this research by form of interviews with clients of PMS, who ended the program successfully. I realize that I can not to draw general conclusions from their statements but I think that you can...

The purpose of my thesis called Mediation in Family law disputes is to analyse benefits between mediation process and judicial proceedings and also point out to references of mediation usage in foreign countries. Another motivation to select this thesis subject is new Act n. 202/2012 Collection of Laws., about mediation. This thesis is divided into eight chapters. Opening chapter is focused on family basic function, especially society influence on family as a basic social unit. The further analysis describes bound of marriage from historical point of view, basic principles of Family law and specific position of Family law subjects. Second chapter defines term conflict, treats of conflict description based on main characteristics. Further analyze is about ways how to resolve conflicts and their justification to have minimum impact on relationships. At the conclusion of this chapter are described conflict mutual influence, communication and mediation. Third chapter deals with basic mediation aspects, description of basic mediation term, historical evolution from ancient time to the present days and shows different characters between mediation and judicial settlement. End of third chapter is focused on three specific principles in mediation, especially pointing out the benefits which are bringing...

International Dispute Settlement - selected aspects Abstract This diploma thesis deals with selected aspects of the international dispute settlement not only in current international public law but also in its history. The thesis is divided into five chapters which are also further divided into a number of subchapters depending on the complexity of each topic. The first chapter is dedicated to the definition of international dispute. Apart from that the chapter also deals with the obligation of states to settle their disputes and to settle them by peaceful means. The historical background of the international dispute settlement is described in the second chapter. Important events such as Hague Peace Conferences, founding of the League of Nations, the Briand-Kellog Pact and founding of the United Nations among others are all mentioned in this chapter because of their impact on the course of this field of international relations. The third chapter focuses on the analysis of the principle of the peaceful settlement of disputes and its link to other related principles of international law. The fourth chapter is dedicated to individual means of peaceful settlement. Every method is described individually, with a brief historical background, comparison to other methods and analysis of the application on specific...

This diploma thesis deals with mediation as an instrument for ethnic conflict resolution in Africa. The author determined the feasibility and effectiveness of mediation as a tool for solving the ethnic conflict in Africa as the research topic of this thesis. The aim of the diploma thesis is to provide an evaluation of the current international legal regulation of mediation, of its sufficiency and integrity. Furthermore, the author aims to provide a comprehensive and complex view of the use of mediation in ethnic conflict resolution in Africa through an interdisciplinary analysis of the academic literature, both from Czech and foreign sources. The author sees her personal contribution by writing this thesis in the fact that in the Czech Republic the issue of mediation as a tool for ethnic conflict resolution has not been systematically researched yet. This diploma thesis is divided into four chapters, which are further subdivided into subchapters. The introductory chapter of this thesis describes a theoretical introduction to the issue of ethnicity and its legal regulation. Furthermore, the author deals with the origins of ethnic conflicts. The second chapter deals with the legal framework for international settlement of conflicts. This chapter also discusses in detail the various possible ways of...