Mediation as an Institution in Contemporary Czech Legislation

Lenka Dvorakova

OBJECTIVES: The author points out the problem of the low rated institutionalization of mediation as an independent model of negotiation and mediation used in the context of social work in Czech society. Therefore, she investigates the influence of the legislative regulation of mediation performance on its institutionalization. THEORETICAL BASE: The contribution considers mediation as an institution in the concept of Act No. 257/2000 Coll., about Probation and Mediation Service CZ and No. 202/2012 Coll., about Mediation from the perspective of social constructivism of Berger and Luckmann and the structural functionalism of B. Malinowski. METHODS: The method of research of these laws is content analysis. OUTCOMES: On the basis of research, we can state that the legislative regulation of mediation potentially helps in the institutionalization of mediation itself. SOCIAL WORK IMPLICATIONS: However, for the use of mediation in the context of social work, the legislative regulation of mediation in the Czech Republic may have both supportive and limiting effects.

institution, institutionalization, legislation, mediation, social work



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