Implementation of Mediation in Czech Legal Environment with Regard to Actual Evolution in Europe
Implementation of Mediation in Czech Legal Environment with Regard to Actual Evolution in Europe
Author(s): Michal Malacka, Lenka WestphalováSubject(s): EU-Legislation
Published by: Univerzita Palackého v Olomouci_1
Keywords: Mediation;European mediation directive;mediation as ADR;dispute resolution;appropriate dispute resolution;alternative dispute resolution;and European Union member states;Harvard Negotiation Project;
Summary/Abstract: The article deals with the systematic problem of an acceptance and implementation of foreign law instruments in Czech Republic, incoming from Anglo-American law system. Supporting partial methods of the ADR, European legislative is focusing on the mediation and using this method in civil procedure law, especially in family law matters. The practitioners have accepted the idea of mediation as a part of civil law procedure without analysing or studying the real nature of this method or instrument. The study is looking into the problematics of the Mediation model and comparing it with European situation in the member states. It is also trying to find the best possible future ways for the development in the area of mediation with the reflection of the results of the implementation of the European mediation directive.
Journal: European Studies - the Review of European Law, Economics and Politics
- Issue Year: 5/2018
- Issue No: 1
- Page Range: 169-190
- Page Count: 22
- Language: English