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Activity of the Probation and Mediation Service in the Czech Republic Abstract and keywords The presented thesis deals with the position of the probation and mediation service (PMS) within the criminal law policy of the Czech Republic, its procedures in the field of probation, mediation and other actions it performs within the framework of the criminal process with adult offenders. This work covers juvenile offenders minimally. The aim is to broadly cover the entire activity and role of the probation and mediation service during criminal proceedings. For that reason, the work is divided into several basic sections. The first section deals with the question of punishment and different approaches to this issue, especially in terms of retributive versus restorative justice. A closer examination of the current use of these two approaches shows that we should not even set them against each other, but rather side by side. Furthermore, the work focuses on PMS as an institution. It deals with the way in which it was created, what are its main goals, the purpose for which it was established, but also how it is organized. The work also highlights some of the challenges and problems it currently faces, although overall we can declare its existence to be very beneficial. We discuss the tools through which it achieves...

Alternative resolution of labour disputes Abstract This thesis discusses the issue of alternative dispute resolution methods in terms of suitability of their use in the context of individual labour disputes. Alternative dispute resolution methods typically represent a fast, informal, and less costly alternative to court litigation. In the field of individual labour law, they are expected to help maintain the employment relationships between employers and employees, which are characterized by their longevity. The thesis provides a structured analysis of the applicability of alternative dispute resolution methods to disputes arising from individual employment relationships. Subsequently, the thesis focuses in more detail on mediation, which is regulated in act No. 202/2012 Coll., on mediation. The existing Czech legal framework is critically analysed and compared with foreign legislation and practice. Based on the findings acquired through legal and comparative analysis, new legislative measures and non-legislative tools are proposed. These include in particular proposals for the improvement of the expertise of registered mediators and its guarantees, for the extension of the legal duty of confidentiality, for adoption of new motivational and informational tools, and for the implementation of non-legislative...

The diploma thesis deals with the use of family mediation in resolving post-breakdown conflicts. The aim of the diploma thesis is to describe the use of family mediation in resolving post-breakdown conflicts. The thesis is divided into two parts - theoretical and practical one. The theoretical part, which is divided into four chapters and subsequently subchapters, defines basic terms such as mediation, its principles, styles and techniques, family mediation and its phases, the role of the mediator, participants in family mediation, breakup and conflict. The practical part is processed using the qualitative research strategy, interviewing method and semi-structured interview technique. The interviews were conducted with six family mediators from non-profit organizations in the South Bohemian Region. The questions that were asked to the respondents were chosen to evaluate the research questions. The research revealed that family mediation can be used for various post-breakdown conflicts, but the form of the mediation process is very individual, because it always depends on the situation and the participants of the mediation. Families can only be approached similar and similar techniques can be used. Although mediation has almost no disadvantages, there is still low awareness and low interest in using this alternative dispute resolution in society. The results of this thesis can serve as a source of information about how family mediation can look like in practice. The obtained data can be used in articles about family mediation or to increase the awareness of students helping professions and public about family mediation and better orientation in it. The obtained informations can also serve as an inspiration or as feedback for family mediators.

This work deals with the use of mediation in social work with the family in the South Bohemian region. The aim of the thesis is to clarify whether the method of mediation is used in social work with the family and if so, in what way. Furthermore, what is the awareness of social workers about mediation and what are their work experiences with this method. In connection with the set goals, two research questions were chosen: 1.How is the mediation method used in social work with the family? 2.How is the mediation service perceived by the providers of social services for families? The work is divided into theoretical and practical part. The theoretical part deals with the basic concepts of social work with the family and mediation. The practical part was developed by a qualitative strategy, the method of questioning using the technique of semi-structured interviews. The interviews were evaluated using the open coding method, on the basis of which five categories were created. The research group was intentional and consisted of social work working with the family in the South Bohemian region. Seven informants took part in the research part. The research revealed that the mediation method is used in social work with the family in the South Bohemian region. Based on the research results, non-governmental non-profit organizations that have their own mediators can be identified as the main providers of this service. The results of the research further assessed that the general public is aware of this alternative dispute resolution method. The results of the work can be published, for example, in an article dealing with the use of mediation in the adjustment of conditions or can be used in terms of raising awareness of the possibilities of using the mediation service in social work with the family. The obtained data also map mediation service providers in the South Bohemian Region.

The paper Teaching mediation in the foreign language classroom concerns itself with mediation as one of the communicative activities or modes of communication defined by the Common European Frame of Reference for Languages' Companion Volume and the possibilities of teaching mediation as part of teaching foreign languages, French in particular. Its principal aims are to familiarise language teachers and other language education professionals with the essentials of mediation and to provide teachers with a mediation task creating manual including mediation- oriented lesson plans for French language teaching. The theoretical part of the paper deals with how mediation is represented in the Common European Frame of Reference for Languages and in the Companion Volume, as well as with mediation tasks, their characteristics, types, and the parameters that need to be considered when planning mediation teaching. The practical part consists of two stages. The first is an analysis of mediation tasks published in various contemporary French language textbooks based on criteria established in the theoretical part of the paper. The other describes mediation-oriented French lessons taught on the basis of lesson plans designed as part of the present thesis to four groups of secondary school students with varying...

67 Mediation and its use in labour relations Abstract In this thesis I deal with the issue of mediation and its use in the labour relations. Mediation is one of the alternative ways of dispute resolution, as the labour law is a sphere in which disputes often occur, and it is therefore desirable to look for other effective ways of resolving them than court proceedings. For this reason, in my thesis I focus on the institution of mediation and the possibilities of its use in the field of labour law. I focus primarily on the use of mediation in employment relations of an individual nature and reflect on its legal regulation in Act No. 202/2012 Coll. In the first chapter, I provide a detailed description of mediation, its objectives, and principles. This is followed by the description of historical development in the world, in Europe and in the Czech Republic. Then I discuss the legal regulation, describe mediation trends, and list the areas in which mediation is applied. The second chapter is devoted to labour disputes. As a criterion for their division, I use the labour relationships because of them employment disputes arise. The chapter is thus divided into labour disputes of a collective nature and labour disputes of an individual nature, supplemented by possible ways of resolving them. The last chapter...

Mediation and its use in labor disputes Abstract This diploma thesis deals with the topic of mediation, which is one of the alternative ways of resolving disputes. Mediation is currently a very current issue, as it has been incorporated into the Czech legal system relatively recently and also because of its great potential due to the benefits it brings primarily to litigants. Such benefits include, for example, the voluntary nature of the whole process, non-publicity of the mediation or the placing of responsibility in the hands of the disputing parties themselves. The thesis in the first chapter defines the concept of mediation, introduces the history of mediation, current legislation at the European level and within the Czech legal system, further deals with conflict theory, the mediator, his education, techniques, participants in mediation and mediation directions. The second chapter focuses on labor law and the relationships arising within labor law. It also explains what types of labor law disputes may arise and does not omit the ways in which such disputes can be resolved. It then focuses in more detail on the benefits of using mediation in labor disputes. The third part, so-called practical part, consists of information that was obtained through research on the use of the mediation in the Czech...

1 Mediation as an alternative way of resolving disputes Abstract This work deals with the increasingly frequent type of dispute resolution, to be concrete it focuses on mediation. In the introduction, the author deals with the essence of conflict. The author also discusses the types of alternative dispute resolution. After this theoretical introductory part, the work focuses exclusively on mediation. It describes the history of this institute, the division of types of mediation, analyses the legal regulations and presents a general overview of the mediation procedure and the specifics associated with it. The work mainly deals with the principles of mediation such as confidentiality, voluntariness, with regard to the assumptions and performance of mediation by a registered mediator. The author analyses all the mentioned topics in connection with national legislation and compares it with European legislation so that the reader can understand the development of mediation and its possible pitfalls. The author also provides her suggestions for further cultivation of the mediation environment based on his experience as a registered mediator and a study of foreign mediation practice. Key words: mediation, code of ethics, alternative dispute resolution, ADR

This thesis analyses the peace process between Ecuador and Peru and stimulates discussion in the field of conflict resolution. On Monday, October 26th, 1998, President of Peru Alberto Fujimori and Ecuador Jamil Mahuad Witt signed an international agreement that ended more than 150 years lasting territorial conflict. A series of hostile acts and armed conflicts have accompanied these neighbouring states for decades. Four states became the guarantor of the peace treaty: Brazil, the United States, Argentina and Chile. Complicated negotiations began in 1995 after a short war on the Cenepa River. The negotiating teams of the guaranteeing states used various mediation strategies, including the organization of negotiations, sanctions and financial incentives. The aim of this qualitative case study is an analysis of the causes of successful mediation performed by the guaranteeing states. The research follows the theoretical part, which describes the so-called contingency approach and ripeness theory.

In the context of the preparation of the new Civil Procedure Code and the publication of its theses, the topic of the first ordered meeting with a registered mediator has become more current. According to the material intent of the new Civil Procedure Code, this institute contradicts the voluntary nature of mediation and should therefore be excluded from the legislation. The purpose of this Diploma thesis is to analyze the institute of the first ordered meeting with a registered mediator in such a way that it is possible to assess whether this instrument should remain part of the legislation on civil procedure. At first, this Diploma thesis deals with mediation as one of the alternative methods of dispute resolution. It discusses the principles on which mediation is based, including the principle of voluntariness. It also describes the advantages and disadvantages of this out-of-court dispute resolution. The thesis further focuses on the analysis of the legislation on the first meeting with a mediator and points out its problematic aspects. To evaluate the use and success of this institute in practice, it analyses the statistics of the Ministry of Justice of the Czech Republic and the results of quantitative research carried out for this thesis. The research was made in the form of a questionnaire...

1 Abstract Mediation, its course and impact on court proceedings The aim of this thesis is to introduce the reader to the legal regulation of mediation in the Czech Republic, to explain the basic principles and methods of mediation, the influence of the essential mediation institutes on the legal relations of the parties and to compare the advantages, disadvantages and effects of mediation on court proceedings. In the first part of the thesis, the theoretical concepts of mediation (conflict, mediator, communication and negotiation) are first introduced, then I specify the factual position of the mediator and his influence on the course of mediation. In addition to this, a part of this chapter is also devoted to mediation styles as well as national, European and supranational legislation that may have a major influence on the development of domestic legislation in the future. The second part is devoted to the procedure of the court and the parties to the conflict in the phase before the mediation itself. Here, the text focuses primarily on the court's approach and its role in providing guidance on amicable dispute resolution and in ordering the first meeting with the mediator. It is also worth mentioning here the approach of the legislators to the substantive proposal of the Civil Procedure Code regarding...

The subject of this master's thesis is a description of the current legislation and application practice of selected punishments that represent the main alternatives to the imposition of unconditional prison sentences. These punishments are house arrest, community service, financial penalty, suspended sentence of imprisonment and suspended sentence of imprisonment with supervision. Since each of the abovementioned punishments could be the subject of a separate master thesis, this thesis does not aim to describe the subject matter in detail, but rather to present the individual institutes in their mutual context, to compare their characteristic features, purpose, conditions, specifics of their execution, as well as their use in judicial practice. The thesis consists of eight chapters, three of which are of a general nature, four deal with individual penalties and the last one is devoted to de lege ferenda proposals. The first chapter defines the very concept of criminal punishment and its purpose. A substantial part of the chapter is devoted to the historical development of penology theories regarding the purpose of the criminal punishment, with special focus on the transition from a retributive and punitive view of punishment to the concept of restorative justice. The second chapter focuses on the...

This thesis examines the RPG game Dungeons & Dragons (D&D) and its players in the Czech Republic. Although, D&D is primarily a game that uses physical components such as paper character sheets or dice, technology has also found its way to it, which is no surprise because current world is full of new technologies. The aim of this work is to examine the motivation of players to play, what role mediation plays, what technologies are used in playing and what are the main differences players perceive in the case of face-to-face session and in the case of online session. Many different technologies are used in both cases. Research questions dealing with these topics are answered through semi-structured interviews with a total of eight players and two participant observations of a player group's session. The most important reasons to play are the social and creative aspects of the game - players play with others, with whom they often form long-term friendships, and enjoy creating and using their imagination to create unique characters, narratives and worlds. D&D is also a source of inspiration for them. The main differences in offline and online game are especially in sociality and opportunities for communication, which is related to the atmosphere and experience, which in the case of face-to-face game...

This bachelor thesis deals with the issue of family mediation, both voluntary mediation and court-ordered first meeting with a mediator, as a tool for resolving conflicts in families. The thesis will examine how social workers and mediators perceive the possibility of families using court-ordered mediation to resolve conflict. The thesis is divided into theoretical and practical parts. The theoretical part contains six large chapters, which are further divided into smaller subchapters. In each chapter, I discuss the family and the conflicts that can arise within it. I also introduce possible alternative methods for how to resolve conflicts and then the thesis deals with the theoretical background of mediation, both general and family mediation. Next, my theoretical part describes voluntary mediation and court mediation. The practical part was developed through qualitative research using semi-structured interview techniques. The interviews were designed to find individual answers to the research questions I set out. Five respondents participated in the research, including mediators and social workers who work in family mediation. In the practical part, the individual interviews are then interpreted and analysed. Through the research conducted, I have concluded that mediators and social workers regard family mediation and court-ordered mediation to be a beneficial tool for resolving family conflict, but, like family mediation in general, it has its specific pitfalls. The results of this thesis can be published, for example, in an article on mediation or social work with families. The conclusions can also be used as a starting point for a more detailed analysis of the issue.

The diploma thesis entitled "The Benefits and limitations of the Cochem model from the point of view of an OSPOD employee" deals with families undergoing adjustment of relations on one hand and with professionals who work with such families on the other. The diploma thesis aims to thoroughly describe the Cochem model, so that the results may be as useful as possible, especially for social workers working at OSPOD, but also for other professionals, who interact with the family during the situation adjustment process. This content can also serve as an informative basis for parents of minor children, who are currently going through a separation / divorce. The purpose of the master's thesis is to find out how OSPOD social workers in selected urban areas of Prague perceive the use of the Cochem model, whether and how they work with it. The aim of the research is to be inspired by knowledge from good practice and to shed light on the bad experiences of social workers.

This study explores the mediation effect of transformational leadership in the relationship between leaders’ personality characteristics and effectiveness. Data from 210 students in a managerial role, and from 3,766 students in a subordinate role, were obtained during a four-month-long Management Simulation Game and analysed using multilevel structural equation modelling. Transformational leadership mediated the effect of leaders’ agreeableness and conscientiousness on group performance, perceived leader effectiveness, and leadership emergence. Extraversion, openness to experience and neuroticism were not linked to transformational leadership or any indicator of leader effectiveness. Intelligence predicted neither transformational leadership, nor group performance and leadership emergence. Along with other studies, this study emphasizes conscientiousness as the personality characteristic that influences leadership and leaders' effectiveness in various cultures and situations. Agreeableness may be an important leader trait in specific conditions and its influence may be moderated by context. The results must be interpreted with the knowledge that they were obtained in a simulation game environment on a sample of students.

The present study investigated whether followers’ self-efficacy mediates the relation-ship between a transformational leadership style and followers’ engagement. 307 Czech employees evaluated the transformational leadership of their superior and their own work-related self-efficacy and work engagement. Of the 4 compared structural equation models, the model in which self-efficacy partially mediates the relationship between transformational leadership and engagement fitted best. The relationship between trans-formational leadership and self-efficacy showed to be weak, whereas the relationship between self-efficacy and engagement appeared to be moderately strong. A mediation analysis reported weak indirect effect of transformational leadership on engagement through self-efficacy. However, direct effect of transformational leadership on engage-ment was strong. Self-efficacy explained only a small portion of the relationship be-tween transformational leadership and engagement. Current research findings expand theories explaining changes in engagement and the mechanism of how transformational leadership influences leadership outcomes. The present study investigated whether followers’ self-efficacy mediates the relation-ship between a transformational leadership style and followers’ engagement. 307 Czech employees evaluated the transformational leadership of their superior and their own work-related self-efficacy and work engagement. Of the 4 compared structural equation models, the model in which self-efficacy partially mediates the relationship between transformational leadership and engagement fitted best. The relationship between trans-formational leadership and self-efficacy showed to be weak, whereas the relationship between self-efficacy and engagement appeared to be moderately strong. A mediation analysis reported weak indirect effect of transformational leadership on engagement through self-efficacy. However, direct effect of transformational leadership on engage-ment was strong. Self-efficacy explained only a small portion of the relationship be-tween transformational leadership and engagement. Current research findings expand theories explaining changes in engagement and the mechanism of how transformational leadership influences leadership outcomes.

V rámci kvantitativního šetření byly dále srovnány názory a postoje k mediaci v rámci tří zainteresovaných skupin – zapsaných mediátorů, soudců a advokátů, které byly dotazovány pomocí dotazníkového šetření v roce 2019. U těchto skupin můžeme sledovat převažující spokojenost s právní úpravou mediace v ČR. Zároveň však respondenti uvedli řadu dílčích nedostatků, z nichž nejčastěji zaznívala potřeba vyjasnit podmínky prvního setkání se zapsaným mediátorem a zvýšit odměnu za toto setkání. V rámci tématu prvního setkání se zapsaným mediátorem není úplně jednotně chápán jeho účel, rozsah ani otázka provázanosti se soudním řízením. Při posuzování typů sporů vhodných pro mediaci panuje mezi třemi skupinami respondentů velká míra shody. Respondenti vybírali především spory z oblasti rodinného práva, vlastnických vztahů, závazkového práva a pracovních věcí. Zapsaní mediátoři, soudci i advokáti vnímají mediaci (při srovnání se soudním sporem) jako jednoznačně levnější a rychlejší, zatímco výsledky mediace hodnotí jako výrazně lepší zapsaní mediátoři a spíše horší soudci i advokáti. V rámci kvantitativního šetření byly dále srovnány názory a postoje k mediaci v rámci tří zainteresovaných skupin – zapsaných mediátorů, soudců a advokátů, které byly dotazovány pomocí dotazníkového šetření v roce 2019. U těchto skupin můžeme sledovat převažující spokojenost s právní úpravou mediace v ČR. Zároveň však respondenti uvedli řadu dílčích nedostatků, z nichž nejčastěji zaznívala potřeba vyjasnit podmínky prvního setkání se zapsaným mediátorem a zvýšit odměnu za toto setkání. V rámci tématu prvního setkání se zapsaným mediátorem není úplně jednotně chápán jeho účel, rozsah ani otázka provázanosti se soudním řízením. Při posuzování typů sporů vhodných pro mediaci panuje mezi třemi skupinami respondentů velká míra shody. Respondenti vybírali především spory z oblasti rodinného práva, vlastnických vztahů, závazkového práva a pracovních věcí. Zapsaní mediátoři, soudci i advokáti vnímají mediaci (při srovnání se soudním sporem) jako jednoznačně levnější a rychlejší, zatímco výsledky mediace hodnotí jako výrazně lepší zapsaní mediátoři a spíše horší soudci i advokáti. The quantitative survey also compared the opinions and attitudes to mediation within three involved groups – registered mediators, judges and lawyers, which were interviewed by means of a questionnaire survey in 2019. For these groups, prevailing satisfaction with the legal regulation of mediation in the Czech Republic can be seen. However, the respondents at the same time mentioned a number of isolated shortcomings, the most common of which was the need to clarify the conditions of the first meeting with a registered mediator and increase remuneration for this meeting. Within the topic of the first meeting with a registered mediator, its purpose, scope and the question of connection with court proceedings are not understood in a uniform way. When assessing the types of disputes suitable for mediation, there is a high degree of agreement between the three groups of respondents. Respondents mainly selected disputes from the areas of family law, ownership relations, contract law and labour matters. Registered mediators, judges and lawyers perceive mediation (compared to legal dispute) as clearly cheaper and faster, while the results of mediation are assessed to be significantly better by registered mediators and to be rather worse by judges and lawyers.

Mediace jako součást práva je sociálním mechanismem ovlivňovaným společenskými procesy i konáním jedinců, z čehož pramení výzvy pro její empirické zkoumání. Proto autoři první kapitoly nejen uvádí informace o využívání empirických výzkumů v časopisech s právní tematikou v prostředí USA, Velké Británie a kontinentální Evropy, ale především připomínají základní pravidla výzkumu ve společenských vědách a jeho úskalí v rámci současné společenské situace. Mediace jako součást práva je sociálním mechanismem ovlivňovaným společenskými procesy i konáním jedinců, z čehož pramení výzvy pro její empirické zkoumání. Proto autoři první kapitoly nejen uvádí informace o využívání empirických výzkumů v časopisech s právní tematikou v prostředí USA, Velké Británie a kontinentální Evropy, ale především připomínají základní pravidla výzkumu ve společenských vědách a jeho úskalí v rámci současné společenské situace. Mediation in law is a social mechanism affected by social processes and individual behaviour, which brings challenges for its empirical examination. The authors of the first chapter introduce empirical research in law as published in law journals from Western countries and present the main characteristics of social science research and their current challenges.

Mediation as an Alternative Form of Dispute Resolution, Abstract, Keywords Abstract My Rigorosum Thesis "Mediation as an alternative form of dispute resolution" reflects the legal regulation of mediation in force in the legal order of the Czech Republic, analyses this regulation and subjects it to critical assessment. It is possible to state that mediation and its use has been existing in our society since time immemorial, however it is necessary to point out that modern society got to know mediation better only in connection with its legislative alteration in the Act on Mediation which implemented the Directive of the European Parliament and of the Council of 21 May 2008 on certain aspects of mediation in civil and commercial matters. Following this circumstance, this alternative becomes supported and mediation services are deliberately used. With regard to the above stated, the purpose of this Rigorosum Thesis is to determine whether the current regulation of mediation in the Czech legal order is efficient or not and at the same time, based on the made analysis, the Thesis proposes how to remove the application as well as interpretation problems contained in the current legal regulation. The Rigorosum Thesis is coherently divided into chapters which logically follow one another and each of them deals with...

The issue of mediation, as an alternative way of resolving conflicts and disputes, is one of the current and important topics not only in social psychology, but also andragogy. In particular, conflicts in the workplace are a key topic in terms of corporate culture, development and education of employees, which is also the starting point of the submitted rigorous work. Therefore, further professional education of mediators working in companies as specialists dealing with the prevention and resolution of conflicts and disputes in the workplace is essential for a positive work climate, optimization of relationships in the workplace, work performance and motivation of employees. When designing the theoretical basis and the research problem within this rigorous work, it is possible to start mainly from andragogy, social psychology and human resource management. People management in people management or leadership is considered an effective tool for preventing conflicts in the workplace. The aim of the presented rigorous work was to identify, analyze and characterize the specifics of the mediation process in medium and large enterprises. Also monitor the development of mediation in the corporate environment and the ability of mediators to effectively influence these processes within human resource...

The aim of the bachelor thesis is to map the procedures of the Probation and Mediation Service of the Czech Republic both in criminal proceedings conducted with juvenile offenders and in their re-socialization. The work will be divided into theoretical and practical part. In the theoretical part, the author defines the basic legal concepts in the field of youth justice, the diversity of concepts of retributive and restorative justice, the issue of punishment and imposition of educational measures for juvenile offenders and external evaluation of their activities from the wiew of Probation and Mediation Service of the Czech Republic and Authority for social and legal protection of children and juveniles. The practical part will be investigated by the method of qualitative analysis of structured interviews with probation officers and with juvenile offenders, who undergo accredited re-socialization programs, their attitudes and the process of their re-socialization. In particular, attention will be paid to the question of how these programs are perceived, evaluated by minors themselves, and how they have influenced their lives. The sample will consist of clients and staff of the Probation and Mediation Service of the Czech Republic in Jindřichův Hradec, Třebíč, Tábor and České Budějovice.

This thesis is about mediation as an alternative dispute resolution and at the same time as an alternative to court proceedings. The aim is to acquaint the reader with mediation as a method, its comparison with other alternative methods and at the same time to compare it with court proceedings, the possibilities of its use, the subjects of mediation and prosec of mediation. The author also compares some differences in the Czech and Slovak regulations. The second chapter focuses on explaining the concept of mediation, its goals and mediation styles. The third chapter is about alternative methods of dispute resolution, namely arbitration, mini-process, negotiation, conciliation and subsequently combined methods such as mediation- arbitration and arbitration-mediation. These methods are described only very briefly and the chapter focuses mainly on their differences from mediation. The fourth chapter focuses on the relationship between mediation and court proceedings. The aim is to compare the suitability of using the methods in different cases and to compare the individual advantages and disadvantages in terms of different factors. The fifth chapter deals with mediation in practice and its legal basis. It discusses the individual sectors in which mediation can be used and any differences and specifics...

This rigorous thesis pursue status of mediator in law order of Czech Republic, analyze current law set up and also points out its flaws. First part of the thesis focus on description of terms, mainly the term registered mediator, list of mediators, followed by supervision of mediators' activities, their qualification and competency as well as the history of mediator, mainly in the United States of America. Second part of the thesis deals with all the rights and obligations, which are outlined in the law system. Next part of the thesis focus on agreements, which are closed during the mediation. In details the thesis deals with agreement on mediation, mediation contract and mediation clauses, even though these are not incorporated in legal order of the Czech Republic. Furthermore this thesis deals with basic principles of mediator's activity, into which we could incorporate independence, objectivity, voluntarily and during the whole process of mediation the commitment of tacitness. Following part deals with responsibilities of mediator, administrative offences and trespassing are analyzed. The sixth part of the thesis is dedicated to four specific areas. The first ordered meeting with a mediator, lawyers in mediation process, lawyers as advocate of party taking part in mediation process and lawyers...

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...

Tato kapitola je stejně jako kapitola předchozí založená na vlastním dotazníkovém šetření zapsaných mediátorů, soudců a advokátů z roku 2019. V rámci kvantitativního šetření byly dále srovnány názory a postoje k mediaci v rámci tří zainteresovaných skupin – zapsaných mediátorů, soudců a advokátů, které byly dotazovány pomocí dotazníkového šetření v roce 2019. U těchto skupin můžeme sledovat převažující spokojenost s prStěžejní oblastí pro hodnocení mediace a její další rozvoj je kvalita výkonu mediace. Zapsaní mediátoři, soudci i advokáti považují za klíčová kritéria hodnocení kvality činnosti zapsaného mediátora schopnost řešit obtížné případy, kompetence mediátora a přívětivost jednání. Oproti tomu rychlost práce a úspěšnost v dosahování dohod je relativně méně důležitá pro zapsané mediátory. Velkou důležitost počtu mediovaných případů jako kritériu hodnocení kvality mediátora nepřikládá žádná z dotazovaných skupin. Z hlediska otázky profesního vymezení mediace považuje mediátora za svébytnou profesi naprostá většina zapsaných mediátorů. Jen třetina z nich ale podporuje možnost vykonávat mediaci jako živnost a velmi malé množství považuje za potřebné zavádění specializací dle oblastí výkonu mediace. Tato kapitola je stejně jako kapitola předchozí založená na vlastním dotazníkovém šetření zapsaných mediátorů, soudců a advokátů z roku 2019. V rámci kvantitativního šetření byly dále srovnány názory a postoje k mediaci v rámci tří zainteresovaných skupin – zapsaných mediátorů, soudců a advokátů, které byly dotazovány pomocí dotazníkového šetření v roce 2019. U těchto skupin můžeme sledovat převažující spokojenost s prStěžejní oblastí pro hodnocení mediace a její další rozvoj je kvalita výkonu mediace. Zapsaní mediátoři, soudci i advokáti považují za klíčová kritéria hodnocení kvality činnosti zapsaného mediátora schopnost řešit obtížné případy, kompetence mediátora a přívětivost jednání. Oproti tomu rychlost práce a úspěšnost v dosahování dohod je relativně méně důležitá pro zapsané mediátory. Velkou důležitost počtu mediovaných případů jako kritériu hodnocení kvality mediátora nepřikládá žádná z dotazovaných skupin. Z hlediska otázky profesního vymezení mediace považuje mediátora za svébytnou profesi naprostá většina zapsaných mediátorů. Jen třetina z nich ale podporuje možnost vykonávat mediaci jako živnost a velmi malé množství považuje za potřebné zavádění specializací dle oblastí výkonu mediace. This chapter is also based in the original survey research of registered mediators, judges and advocates conducted in 2019. The quality of mediation performance is a key area for the evaluation of mediation and its further development. Registered mediators, judges and lawyers consider the ability to resolve difficult cases, the competence of the mediator and the friendliness of the proceedings to be the key criteria for assessing the quality of the activities of a registered mediator. Compared to this, the speed of work and the success rate in reaching agreements is relatively less important for registered mediators. None of the interviewed groups thinks the number of mediated cases is an important criterion for evaluating the quality of the mediator. As regards the question of the professional definition of mediation, the vast majority of registered mediators consider a mediator to be an independent profession. However, only a third of them support the possibility of performing mediation as a trade and a very small number consider it necessary to introduce specializations according to the areas of mediation performance.