Publication details

Deklarovaná podpora mediace mezi zapsanými mediátory, soudci a advokáty ve světle mediační praxe

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Title in English Declared Support of Mediation amongst Registred Mediators, Judges and Lawyers as Part of the Research on the Practice of Mediation
Authors

URBANOVÁ Martina KUBÁTOVÁ Helena LAKOMÝ Martin

Year of publication 2022
Type Article in Periodical
Magazine / Source Pravnik
MU Faculty or unit

Faculty of Law

Citation
web Open access časopisu
Keywords mediation; mediation support; Act on Mediation; mediation practice; conflict; research
Description Ten years of the Act on Mediation in the Czech Republic offer a chance to evaluate the practice and propose a probable development in the usage of mediation. A joint quantitative and qualitative research has been utilised to evaluate the declared support amongst the individual groups of actors in the Czech system of law and describe how the groups view the usage of mediation in practice and identify the differences between these groups. Declared support of mediation is higher than expected in every group, with most differences being in the age and years of practice of individuals inside these researched groups. However, this declared support does not reflect the actual usage of mediation by judges and lawyers. The principal causes for these discrepancies seem to be low trust in the abilities and experience of registered mediators and low trust in the process of mediation. Amongst other causes, we find insufficient interaction between the researched groups, non-existent shared platform for the exchange of information between the groups, scarce availability of relevant data on mediation, and poor support and promotion of mediation from the State. One of the proposed solutions might be inciting more informal interactions between the different groups to share the knowledge and social capital and to aid in lessening the impact of negative stereotypes about mediation.
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