Vyhodnocení aplikace rozhodčího a mediačního řízení v podnikatelské sféře

Abstract

In this Diploma thesis, I focused on a matter of dispute solutions in business sphere, mainly on alternative (extrajudicial) ways of dispute solutions. The goal of my thesis is not only to characterize mediation and arbitration but also to analyze the alternatives according to determinate criteria, to create a comparison of these chosen ways and to give any clue/a guidance to answer a question, which of the ways of dispute solutions is the most effective and beneficial for businessmen. I evaluate individual procedures on assigned criteria, i.e. financial, legal and time-consuming aspect. The diploma thesis is divided into five chapters. In the opening chapters, the mediation and arbitration is described theoretically. Also the historical development of both the alternatives, legal issues, as well as the distinction between the mediator and arbiter and the requirements requested, is discussed in these chapters. In following chapters, I describe methods used during both the trial of mediation and of arbitration and the results achieved. I then list the advantages and disadvantages of arbitration and mediation and an expense analysis. The individual expenses which are directly or indirectly fixed on the proceedings are described in this chapter.