The role of judges at the pre-mediation stage of court-annexed
mediation: A case study of the situation in the Czech Republic

J 2023

The role of judges at the pre-mediation stage of court-annexed mediation: A case study of the situation in the Czech Republic

DUŠKOVÁ, Lenka and Jan HOLAS

Basic information

Original name

The role of judges at the pre-mediation stage of court-annexed mediation: A case study of the situation in the Czech Republic

Authors

DUŠKOVÁ, Lenka and Jan HOLAS (203 Czech Republic, belonging to the institution)

Edition

Hungarian Journal of Legal Studies, Akademiai Kiado, 2023, 2498-5473

Other information

Language

English

Type of outcome

Article in a journal

Field of Study

50501 Law

Country of publisher

Hungary

Confidentiality degree

is not subject to a state or trade secret

References:

Web časopisu

RIV identification code

RIV/00216224:14220/23:00133996

Organization unit

Faculty of Law

DOI

http://dx.doi.org/10.1556/2052.2023.00403

EID Scopus

2-s2.0-85161453644

Keywords (in Czech)

mediace; soudní mediace; kvalitativní výzkum; civilní řízení; soudce

Keywords in English

mediation; court-annexed mediation; qualitative research; civil litigation; judge

Abstract

In the original language

Mediation as an alternative dispute resolution mechanism has a very long history, especially outside of the adjudicative space. It has gradually also found its way as an adjunct to the court system in the form of court-annexed mediation. As proven by quantitative studies, mediation in the region of Central and Eastern Europe is still, however, a relatively novel and underutilized instrument. Thus, this study explores the role of judges in court-annexed mediation using the case of the Czech Republic. It presents a piece of empirical research built on a single qualitative case study of mediation practice as seen and understood through the experience of district court judges. The latter represent the core actors that contribute to shaping mediation practice through their attitudes and activities, influenced by their own interpretation of phenomena, when entering into the process at the pre-mediation phase – when the activity of the judge is foreseen by the legislative framework to be the most significant. Offering a comprehensive description of the research methodology, the study also aims to contribute to academic debate that calls for more case/comparative studies of relatively unexplored phenomena in the wider region of Central and Eastern Europe.

Links

GA18-01417S, research and development project

Name: Podmínky výkonu mediace v České republice dle zákona o mediaci

Investor: Czech Science Foundation

Cite

DUŠKOVÁ, Lenka and Jan HOLAS. The role of judges at the pre-mediation stage of court-annexed mediation: A case study of the situation in the Czech Republic. Hungarian Journal of Legal Studies. Akademiai Kiado, 2023, vol. 63, No 4, p. 399-415. ISSN 2498-5473. Available from: https://dx.doi.org/10.1556/2052.2023.00403.

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   keywords = {mediation; court-annexed mediation; qualitative research; civil litigation; judge},
   language = {eng},
   issn = {2498-5473},
   journal = {Hungarian Journal of Legal Studies},
   title = {The role of judges at the pre-mediation stage of court-annexed mediation: A case study of the situation in the Czech Republic},
   url = {https://akjournals.com/view/journals/2052/aop/article-10.1556-2052.2023.00403/article-10.1556-2052.2023.00403.xml},
   volume = {63},
   year = {2023}
}

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KW  - qualitative research
KW  - civil litigation
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N2  - Mediation as an alternative dispute resolution mechanism has a very long history, especially outside of the adjudicative space. It has gradually also found its way as an adjunct to the court system in the form of court-annexed mediation. As proven by quantitative studies, mediation in the region of Central and Eastern Europe is still, however, a relatively novel and underutilized instrument. Thus, this study explores the role of judges in court-annexed mediation using the case of the Czech Republic. It presents a piece of empirical research built on a single qualitative case study of mediation practice as seen and understood through the experience of district court judges. The latter represent the core actors that contribute to shaping mediation practice through their attitudes and activities, influenced by their own interpretation of phenomena, when entering into the process at the pre-mediation phase – when the activity of the judge is foreseen by the legislative framework to be the most significant. Offering a comprehensive description of the research methodology, the study also aims to contribute to academic debate that calls for more case/comparative studies of relatively unexplored phenomena in the wider region of Central and Eastern Europe.
ER  -

DUŠKOVÁ, Lenka and Jan HOLAS. The role of judges at the pre-mediation stage of court-annexed mediation: A case study of the situation in the Czech Republic. \textit{Hungarian Journal of Legal Studies}. Akademiai Kiado, 2023, vol.~63, No~4, p.~399-415. ISSN~2498-5473. Available from: https://dx.doi.org/10.1556/2052.2023.00403.

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