On September 1.9.2012, 202, Act No. 2012/XNUMX Coll., on mediation and on the amendment of certain laws (the Mediation Act), came into force, by which the institute of mediation in non-criminal matters was enshrined in the Czech legal system.
Civil mediation can generally be characterized as a method of quick and informal out-of-court conflict resolution with the assistance of a neutral third party, which guides the disputing parties to a mutually acceptable agreement.
Despite the fact that the institution of mediation has so far lacked a legislative framework, it has been appearing in the Czech environment for a long time. However, the disadvantage of mediation has so far been the fact that no material-legal effects were associated with the initiation of mediation. This fundamental "deficiency" is solved precisely by the new legal regulation of mediation, which links the material-legal effects of the establishment of limitation and preclusion periods with the moment of initiation of mediation. The moment of initiation of mediation is considered to be the conclusion of a written agreement on the execution of mediation, and it is at this moment that statutes of limitations or preclusion periods.
With the termination of mediation according to the Act on Mediation, the statute of limitations or preclusion periods. The ideal way to end mediation is to conclude a mediation agreement. However, it must be emphasized that the mediator is not responsible for the compliance of the mediation agreement with applicable law. Although the Mediation Act does not explicitly state this, the mediation agreement is not immediately enforceable, so it is not a new type of enforcement title. Thus, the condition for the enforceability of the mediation agreement will be the approval of the mediation agreement by the court in the form of a settlement, or the projection of the mediation agreement into a notary's or executor's record with permission for enforcement.
In connection with the new legislation, it must be emphasized that the Mediation Act regulates only the effects of mediation carried out by registered mediators. It is therefore clear from the wording of the law that there will be 2 types of civil mediation in the future. Primarily, it will be mediation with a mediator registered in the list of mediators, which will have significant material and legal effects on the running of limitation and preclusion periods. In addition to it, mediation with an unregistered mediator will continue to exist, i.e. mediation without any material-legal effects on the running of statutes of limitations or preclusion periods.
