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...
| Identifer | oai:union.ndltd.org:nusl.cz/oai:invenio.nusl.cz:348726 |
| Date | January 2016 |
| Creators | Vykysalá, Nikola |
| Contributors | Pauknerová, Monika, Pfeiffer, Magdalena |
| Source Sets | Czech ETDs |
| Language | Czech |
| Detected Language | English |
| Type | info:eu-repo/semantics/masterThesis |
| Rights | info:eu-repo/semantics/restrictedAccess |
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