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The aim of this thesis is to clarify the issue of enforceability of mediation settlement agreements with the focus on the field of commercial law. The thesis presents the main problems and interpretation divergences and the author argues his own opinions. In the first chapter, i.e. in the introduction, the reader is familiarised with the notion of mediation settlement agreement as a mere private agreement, which is not directly enforceable in most of the jurisdictions. In the second chapter, the thesis deals with different methods of making the mediation settlement agreement enforceable in Czech, Slovak and marginally also in Austrian legal system. There are basically three means of conversion of mediation settlement agreement in all three legal systems. First, it is possible to have the agreement approved by a state court in the form of court settlement. Second possibility is to have an arbitral award on agreed terms issued. However it is not clear, whether it is possible to start arbitral proceedings only for the sake of having an enforcement title if the parties have already settled. Third option is to get a notarial deed with permission to enforcement issued. In the third chapter, the thesis concerns with the enforcement of foreign mediation settlement agreements, which are enforceable in another state...

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...

The submitted thesis describes mediation in civil matters - settlement solution carried out of court - under legislation newly enacted in Czech Republic. After years without concrete legal regulation the lawmakers were forced by the European Union legislation represented by the Directive 2008/52/EC on mediation to respond with special national legislation. Adoption of the Act no. 202/2012 Coll. (Mediation Act) brought a substantial development in this area of Czech legal environment. The author focuses on analysis of the process of mediation and how the legislation is reflected in its individual elements. The work consists of four related chapters. The first chapter describes mediation as one of out-of-court settlement methods, principles of which have been applied thorough history but which has been going through its renaissance in the last decades. The second chapter contains analysis of mediation process, its types and suitability of their use. Here the author describes psychological elements which affect the course of the mediation and their impact on the whole process. The subsequent chapters are crucial for the aim of the work. The third one analyses the former and mainly the recent regulation relating to mediation in civil matters and certain essential institutes that are affected by the new...

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...

The Financial Arbitrator and alternative dispute resolution are the integral part of current decision-making practice. Their development is tendentious particularly in recent times. This diploma thesis aim is critically evaluate the institute of the Financial Arbitrator and compare it with arbitration and mediation. The thesis briefly describes the institutes themselves, their legal regulations and outlines their historical development. In my thesis I focused mainly on the similarities as well as differences of these institutes. Then I compared these decision-making practices with the court proceedings in the last fifth chapter, so the thesis gives a comprehensive overview of the possibilities of resolution making practice. The thesis focused on the situation in the Czech Republic and did not evaluate the foreign situation, although the author is aware of certain continuity with the development among the countries. The methodology of the thesis was adapted to the chosen topic. The basis was literary research. By comparing the problems, opinions, hypotheses and premise was possible to reach a final reasoned opinion. The principal methods were the method of analysis and synthesis. An important basis for this work was the annual reports of the Financial Arbitrator available from the finarbitr.cz...

178 REGULATION OF ALTERNATIVE INTERNATIONAL COMMERCIAL DISPUTES RESOLUTION IN THE RUSSIAN FEDERATION ABSTRACT The object of this dissertation is an analysis of legal regulation of alternative international commercial disputes resolution in the Russian Federation, both from theoretical and practical perspectives. The work deals in detail with alternative international commercial disputes resolution regulated in the Russian legislation, i.e. with arbitration and mediation of international commercial disputes, analyzes their position within the Russian legal framework, interconnection with the judicial proceedings, legislation national dispute regulation, role of state organs within the proceedings including acknowledgement and enforcement of arbitration awards and mediation agreement.. Both of these ways are further analyzed in separate chapters that together form the core of this dissertation. The respective main chapters (devoted to arbitration and mediation of international commercial disputes) are further devided into subchapters, in which are analyzed the individual procedural institutes of arbitration and mediation of international commercial disputes. Special attention is devoted to the grounds and the process of setting aside of a foreign arbitral award as well as with the grounds and the process of...

Conciliation Abstract This diploma thesis is devoted to a detailed analysis of the issue of conciliation, which can be considered as one of the alternative methods of dispute resolution and differs significantly from other methods by participation of the court in seeking agreement. The thesis is divided into four parts. The first one deals with the definition of the term conciliation or court settlement within the meaning of § 99 of the Civil Procedure Code, although the institute is different, the conciliation procedure is largely interlinked. The second part describes the location of the reconciliation institute within the civil process and also deals with the excursion into the history of reconciliation. The third part deals with the practical applicability of the conciliation procedure. Attention is also given to its subjects, a detailed analysis of the phases of the proceedings, the possibilities of remedy or the question of the effects of reconciliation. Finally, the fourth part focuses on the comparison of the current state of reconciliation with its concept in a substantive intent to the new Civil Judicial Code. Primarily, descriptive and analytical methods, in part also comparative methods, are used in the work. The aim of the thesis is a detailed analysis of the described problems, with an...

Perspectives of out-of-court settlement of family (civil) disputes in the Czech Republic Abstract The dissertation thesis focuses on the latest instruments of out-of-court dispute resolution in the Czech Republic. I explain the concept of ADR, which traditionally involves reconciliation, mediation, and arbitration, and I outline other possible methods emerging from innovative approaches to working with families. The dissertation thesis focuses on the right of collaboration (CL/CP method) and complementary and integrative practice in the sphere of private law. I analyze the approaches of the German "Cochem model" promoted by the Office for International Legal Protection of Children, and I present an example of good practice at the District Court in Nový Jičín. I analyze these methods of out-of-court dispute resolution from the point of view of current legislation in the Czech Republic, and I note the influence of international documents on their existence and application in practice. I consider the role of law and lawyers in solving family disputes and, above all, the importance of new legislation of private law in out-of-court dispute resolution. I address the issue of the need for public power to intervene into family life in cases of children at risk due to parental conflict as well as the role of bodies...

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