Publication details

Hodnocení současné právní úpravy mediace z pohledu zapsaných mediátorů, soudců a advokátů a jejich srovnání

Title in English The legal regulation of mediation as reflected by registered mediators, judges and advocates and their comparison
Authors

HOLÁ Lenka FIEDOR David LAKOMÝ Martin

Year of publication 2020
Type Chapter of a book
MU Faculty or unit

Faculty of Law

Citation
Attached files
Description 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.
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