Publication details

Koncepce mediace po reformě civilního procesu

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Authors

HOLAS Jan

Year of publication 2018
Type Article in Proceedings
Conference Dny práva 2017: Část VII. Reforma civilního procesu
MU Faculty or unit

Faculty of Law

Citation
Web Open access sborníku
Keywords Mediation; Reform of Civil Procedure; Principle of Voluntariness; Mandatory Mediation
Description The reform of civil procedure could have a significant influence to the conception of mediation, as another form of civil dispute resolution. In the contribution the possibilities of mediation in relation to the planned reform of civil procedure will be considered. The attention will be above all concentrated on the principle of voluntariness, on which all the conception is built, and on its preservation. In the perspective of legal systems of chosen states will be discussed the question of setting up the mandatory mediation. In the end, the proposal of legislation will be presented – the motivation of parties should be ideally used, not direct coercion into mediation.

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