Diplomová práce se zabývá charakteristikou a fungováním mediace v obchodních věcech jako jednou z metod alternativního řešení sporu. ? První část se zabývá technikou mediace jako takovou, odlišením od ostatních ADR a přístupem právníků. ? Druhá část se zabývá úpravou jiných států, kde je popsáno několik variant a systémů, jak může být mediace zapojena do právního systému daného státu. ? Nejdůležitější součástí diplomové práce je popis právní úpravy mediace v České republice a zamyšlení nad její budoucností. ? Ve čtvrté části jsou uvedeny a rozebrány některé konkrétní nebo modelové situace mediace na kterých je konkrétně ukázáno fungování mediace, výhody a vztah k soudnímu řízení.

Práce srovnává dvě mezinárodní zprostředkování etnického konfliktu na Šrí Lance. První, vedené Indií v letech 1983 - 1987 a druhé, iniciované Norskem v letech 2000 - 2002. Seznamuje čtenáře s pozadím etnického konfliktu na ostrově a jeho vývojem do začátku indického zprostředkování. Detailně analyzuje průběh indické a norské mediace. Na základě teoretického rámce stanovuje determinanty úspěšné mediace. Pomocí nichž pak dochází k závěrům reflektujícím příčiny neúspěchu indické mediace a příčiny částečného úspěchu mediace vedené Norskem.

Alternative resolution of individual labour disputes Abstract This thesis deals with alternative ways of solving individual labor disputes. The main reason for choosing this topic was the author's personal experience with alternative methods of dispute resolution in the field of labor conflicts and labor disputes, in particular with mediation, and also the author's opinion on non-fulfilment of the full potential of these methods in individual labor disputes. The work aims to provide a structured overview of the most commonly used alternative dispute resolution methods in the Czech Republic. At the same time, the author deals with hybrid methods that are rarely used in the czech dispute environment. For the sake of clarity, the author tried to maintain a similar structure in the individual chapters. The first two chapters focus on the definition of basic terms such as labor law dispute, ADR and their division and types. The next chapters already focus on the basic and hybrid ADR methods. Space is also devoted to both negotiation, its principles, phases and negotiation approaches, and other methods. The focus of the work lies in the fourth and fifth chapters focusing on mediation and arbitration. The author describes main conceptual features, principles and legislation including some problematic legal...

( Mediator) The diploma thesis deals with the person mediator who is key and indispensable in the process of mediation. Mediation is currently an increasingly relevant topic as one of the alternative ways of resolving disputes. Its use in practice could help to reduce the number of cases that courts have to deal with. With growing interest in mediation, the mediator's profession is becoming publicly aware. The aim of the thesis was to analyze the mediator role in mediation in the Czech Republic. The thesis is divided into 6 chapters. The first chapter explains the concept of mediation, the status of mediator and the division of mediators into different types that occur in our territory. The mediator must meet the conditions for the exercise of the profession by law. The main one is the successful passing of the exam, which is described in more detail in the second chapter. An important role in mediation is played by fundamental principles such as volunteering, impartiality, and unbiased, confidentiality and informality. Their adherence is crucial to the profession of mediator. The mediator has certain rights and obligations under the law. Major duties include a duty of confidentiality. The content, scope, and limits are described in Chapter 4. The following fifth chapter examines the mediator's...

The diploma thesis presents current ideas and relevant psychological theories in the field of fairness and perceived justice, and in such context, it analyzes the mediation process, especially the process of court-initiated mediation in the Czech Republic as an alternative conflict resolution method. Moreover, the thesis aims to provide information on the attitudes of different public representatives to the court-initiated mediation, with special regard to the perception of fairness and justice of the mediation process and its outcome. The empirical part of the thesis introduces an attitudes research of various public representatives to the court-initiated mediation. The research proved a statistically significant difference in attitudes towards fairness and perceived justice of mediation among observed groups of attorneys, junior attorneys, mediators, judges, mediators with attorney license, and a group of other professions. Among the specific groups, there was a statistically significant difference between the groups of attorneys and mediators, attorneys and mediators with attorney license, and finally between the groups of attorneys and the group of other professions. The research data were collected through the newly developed attitude Questionnaire of Perceived Justice of Mediation (DVSM)....

The diploma thesis deals with non-criminal mediation as the aprropriate method of solving matrimonial causes and family conflicts. It describes the marriage and family, their duties, consequences and historical background. The second chapter deals with matrimonial causes, divorces and their consequences. The third chapter emphasizes the method of mediation and the function of a mediator. The last chapter distinguishes mediation family conflicts {--} mediation of divorce and the upcoming legislature of non-criminal mediation. It shows ethic problems and reflects the legality of mediation approach. The draft law of non-criminal causes is the attachment.

The objective of the thesis "The technique used during the mediation and therapy in the context of the social work" is to describe the techniques used in the Czech Republic. This thesis focuses on the specific terms, which extends the common understanding of the basic information about the mediation described in the 2013 thesis "The mediation in the social work". The theoretical element describes the most common techniques sometimes compared to the therapy, which exists within the social work as a mediation. Anintegral part of the theoretical section is also the family mediation chapter, which is the most common area of mediation in the Czech Republic. Other topicsdescribed are the problem of the mediators ethics, the mediators style and the alternative methods of conflict solutions. The practical section of the thesis consists of personal attendance on the mediation exams at MSp CZ and active mediation techniques training. This part is concluded by an own questionnaire on topic of public awareness about the mediation. Powered by TCPDF (www.tcpdf.org)

The purpose of this thesis is to present the main features of mediation with cross-border element, especially the most important aspects of relevant regulation in light of EU Mediation Directive 2008/52/EC ("Directive") and No. 202/2012 Coll. Act on Mediation and Change of Some Laws ("Mediation Act"). The thesis is composed of four chapters. The first chapter's purpose is to define the main principle of mediation and its position within ADR system. The second chapter deals with principal questions of the relation between mediation and international private law. The third chapter discusses cardinal aspects of mediation according Directive, its reflection within national regulation, i.e. within Mediation Act and subsequent comparison with regulation of selected member states. For the purpose of the comparison mentioned above, I use quotations from corresponding laws of particular member states in English translation. The fourth chapter deals with the position and role of mediation within the area of international dispute resolution as well as a look at newly adopted ICC Mediation Rules.

SUMMARY: MEDIATION OF COMMERCIAL DISPUTES - DOMESTIC AND INTERNATIONAL PERSPECTIVES Dr. Martin Svatoš This paper addresses the mediation and its use in the both domestic and international commercial disputes. The milieu that serves as a source of the problems to be resolved during mediation is a specific one. It demands quick, cost-effective and confidential resolution of complicated disputes involving several parties. In general, this cannot be granted by the traditional ways of dispute resolution - litigation and arbitration. Mediation is regarded as a cost-effective and quick extrajudicial resolution of disputes in civil and commercial matters through processes tailored to the needs of the parties. On the other hand, there are several legal and legal-related issues that have to be discussed. And thus, the question that remains to be answered is: Is mediation really as effective as it is told? And in the case of a positive answer - why it is not the most commonly used dispute resolution procedure? The main goal of this thesis is to answer these queries. Its first part focuses on the issue of mediation in general. Quite surprisingly, there is no exact definition of mediation neither in the legal acts, nor in the opinion of the ADR experts. In contrast, plenty of definition can be found after short...

1 ABSTRACT MEDIATION AS A MEAN OF INTERNATIONAL COMMERCIAL DISPUTE RESOLUTION This dissertation deals with the phenomenon of discrepancies between commonly shared perceptions about international mediation and its real and practical situation. The aim of this disertation is not to analyze the legal provisions on mediation in individual national jurisdictions or to analyze individual provisions of the private international law, which potentially apply to issues of cross-border mediation. The intention is to point to current trends and current issues in the field of international mediation. We especially want to conduct generally accepted theoretical concepts of mediation in an international context critical view by comparing it to empirical dates proving the actual state of mediation as a method of resolving international business disputes. The first part of this disertation summarizes the basic theoretical background related to mediation, which serves as a basis for the construction of generally recognized premises in this field. These premises relate to the context of international commerce. Therefore, it deals with the mediation principles, models and important aspects that are relevant to international commercial disputes with an international element. In the second part, the disertation tries to point...