Evaluativní přístupy v mediaci (pro právní a další profese) – Doležalová Martina (2024)

The book focuses on mediation in non-criminal and criminal matters, particularly from the perspective of evaluative and legal approaches. The first part analyzes the attractive method of med-arb and examines the conditions for its admissibility in the Czech legal environment. In the next part, the authors focus primarily on the Czech legal regulation of mediation, also emphasizing criminal mediation. They analyze the mediation process itself with a focus on its legal aspects, but also address communication techniques in evaluatively conceived mediation. The work is supplemented by chapters on the stages of conflict in relation to the success of mediation and on negotiation, a crucial phase of the mediation process. The authors also address the requirements of the mediation agreement, mediation initiated by the court and its regulation in Czech law, the specifics of international mediations, and the enforceability of mediation agreements, including international enforceability. The book advises on selecting a mediator, especially in international mediations, and lists foreign institutions in the field of mediation. Great attention is paid to the role of law and lawyers in mediation as professional negotiators and the issue of costs in mediation proceedings with a new foreign trend – success (satisfaction) fee. The ethics and confidentiality of the lawyer are also emphasized.