Mediation and other forms of ADR

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..