The Interaction of Arbitration and Mediation in Relation to Justice
pages 115 - 136
ABSTRACT:

This article points to the line of historical development from 1989 to the present, and examines how economic processes in the Czech Republic led to the rapid development of arbitration. Subsequent regulation of the activities of the so-called arbitration centres and of the content of arbitration clauses by case law and consequently also to legislative changes are also examined here. I also describe the response of the courts against abusive practices in consumer disputes as a result of prior opinions of the judiciary to the negative phenomena in the context of arbitration. Subsequently the paper deals with mediation and other alternative dispute resolution methods, and its implementation, as well as its weaknesses in relation to proceedings before the courts. This article also responds to the implications of the re-codification of civil law in the Czech Republic, effective from 2014, and the new regulation of the proceedings before the arbitration commission of the association, newly incorporated in the Arbitration Act. It summarizes the interaction of these methods in relation to economic reasons, draws conclusions regarding the court’s actions and assesses the need for legislative changes.

keywords
Justice
arbitration
mediation
constitutional limits
the right to due process
about the authors

JUDr. Jiří Grygar, Ph.D. (36), is a judge of the District Court of Prague - East (7 years), civil section, specializing in international and EU law. Previously he worked at the Law Faculty of Palacký University in Olomouc and also lectured at the Judicial Academy in Kromeříž (theory of law). In 2006-2008, he served as a legislative advisor to the Minister of Justice. He co-authored the amendments to the civil procedural law and authored or co-authored books on the theory of law and the philosophy of law, protection of fundamental rights in the EU, comments on the Mediation Act, the Private International Law Act and other books and publications in legal journals.

e-mail: GrygarJiri@seznam.cz