Smírčí řízení prováděné obecným soudem jako forma alternativního řešení sporů
Judicial Settlement Proceedings in Civil Courts as a form of ADR

Summary/Abstract: The article deals with a judicial settlement proceedings in civil courts. It presented this type of proceedings as a useful form of alternative dispute resolution method (ADR method). Historical background is covered to show the development and different approaches to the judicial settlement. The paper also points at current problematic aspects of provisions dealing with judicial settlement proceedings, such as absence of limitation of time when instituting the proceedings. Since the EU direction about mediation in civil and commercial cases has been implemented, proceedings can also serve for executing the mediation agreement. The article raises the question whether judge should hold such a proceedings, although his primary task is to adjudicate the cases. Austrian legal system has similar provisions upon judicial settlement proceedings, thus the article contains comparison of these two systems of law. Austrian obligatory form of settlement could become an inspiration in Czech law.

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