Limity donucení k využití mediace
Limits of Coercion to Mediate

Summary/Abstract: In recent decades, elements of coercion to mediation use in resolving civil disputes have begun to appear worldwide in the legal orders of states. In connection with the presentation of the draft law of the Civil Procedure Code, the discussion about this trend is becoming relevant again in the Czech Republic. Before starting to model a suitable system of approach to mediation in a certain state, it is appropriate to deal with the limits of coercion to mediation and thus define the framework within which the legislation can move. These limits must be sought both in the system of functioning of mediation and in the legal system. The article analyzed the principles of voluntariness in mediation, the right to access to justice and principles of civil proceedings as the basic potential limits of coercion.

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