MEDIATION, MORE PARTICULARLY, CROSS-BORDER AND JUDICIAL MEDIATION1

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Published: Jun 17, 2015
Keywords:
mediation, Czech Mediation Act, cross-border mediation, Czech Republic

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Monika Pauknerová
Magdalena Pfeiffer

Abstract

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.

Article Details

Issue
Vol. 5 No. 2 (2015): The Lawyer Quarterly
Section
Articles

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