Mediation, more particularly, cross-border and judicial mediation

Title:

Mediation, more particularly, cross-border and judicial mediation

Creator:

Pauknerová, Monika and Pfeiffer, Magdalena

Identifier:

https://cdk.lib.cas.cz/client/handle/uuid:3b670a10-eb55-451c-afa3-75749a80f4b2
uuid:3b670a10-eb55-451c-afa3-75749a80f4b2

Subject:

mediation, Czech Mediation Act, cross-border mediation, and Czech Republic

Type:

article, model:article, and TEXT

Description:

The implementation of the Directive 2008/52/EC on certain aspects of mediation in civil and commercial matters has triggered interest in the concept of mediation in the Czech Republic that has no long tradition of mediation in civil and commercial disputes to build on. Since the adoption of Mediation Act in 2012, apart from arbitration, mediation is the only form of ADR that is regulated by special legislation; however the Mediation Act regulates exclusively mediation carried out by mediators that are registered with the Czech Ministry of Justice. Mediation is voluntary; if considered efficient and adequate, it is at the discretion of the court to order the parties to meet with a mediator for a three-hour informative session. Pursuant to the Mediation Act mediation commences upon the execution of Mediation Agreement and if successful, it results in the conclusion of Mediation Accord expressing the will of all the parties that are ready to voluntarily fulfil their obligations thereof. Under the Czech Mediation Act, Mediation Accords are not directly enforceable.

Language:

English

Rights:

http://creativecommons.org/publicdomain/mark/1.0/
policy:public

Source:

The lawyer quarterly: international journal for legal research | 2015 Volume:5 | Number:2

Harvested from:

CDK

Metadata only:

false