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Multi-Door Courthouse established through the European Mediation Directive?

Summary

The article deals with the systematical problem of an acceptance and impementation of foreign law instruments in EU, incoming from Anglo-American law system. Supporting partial methods of the ADR, European legislative is focusing on the mediation and using this method in civil procedure law, especially in family law matters. The practitioners have accepted the idea of mediation as a part of civil law procedure without analyzing or studying the real nature of this method or instrument. The study is looking into the problematics of the Multi-Door Courthouse model and comparing it with European situation in the member states. It is also trying to find the best possible future ways for the development in the area of mediation with the reflection of the results of the implementation of the European mediation directive.

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Mandatory mediation in family law issues with domestic violence – limits and experience from USA

Abstract

Mandatory mediation obliges parties to the dispute to firstly seek out alternative and amicable form of dispute resolution before addressing the court. This could prove suitable in family law disputes where the focus is on maintaining the relationships aft er the dispute is resolved in the best interest of children. However this presumption does not need to apply to all cases. Domestic violence is a phenomenon of family law for centuries. The impact of the abuse between partners is immense. The article focuses on conditions, upon which the mediation could be mandated, what are the key elements of successful mediation and what are the challenges of mandatory mediation in respect of these elements. The article analyzes provisions of acts that regulate mediation in various states of USA with focus on the most controversial regulation in California. At the end it debates the relation of mandatory mediation and right to fair trial.

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Accommodation of Western Legislation for Plurality of Beliefs in Family Law

Abstract

In the last several years, the European societies, that in their majority were fairly uniform as far as race, culture or religion, have been converted into intercultural places where many different visions of the world live together. Together with a factor of exogenous plurality, produced by the increase in immigration, an internal desegregation should also be highlighted in our own societies. In this new environment of diversity, it is without a doubt, difficult for the Law to accommodate all the different ethical, religious or cultural demands of the people. In my paper I study the means of accommodation rooted in our legal tradition such as: the conscientious objection, the agreements of the State with religious groups, mediation and arbitration as a way of accommodation of plurality in the field of Family Law, etc. I conclude by stressing the fact that allowing space for diversity does not mean giving up our own values. Quite the opposite, accommodation comes from our own values: that is, from the respect for freedom and non-discrimination, founded on the dignity of the person.

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Comparativism and the New Hungarian Fundamental Law – Taking Raz Seriously

Summary

Comparative law plays a role both at the time of the creation and interpretation of constitutions. Hungary is not an exception in this respect. The comparative analysis of Hungarian constitutional law is an ordinary one both in terms of quantity and quality. The new Fundamental Law of 2011 as well as the “two-third majority statutes”, however, led to an international scandal. Several studies have suggested that the method of acceptance of the new Fundamental Law and its content are unique in several aspects. The reviews of the Fundamental Law by scholars and international organizations show, however, contradictory opinions. We argue that such opposition is mainly due to differing conceptions of the ideal democratic society. Proponents of the Fundamental Law asserting national sovereignty and the supremacy of legislation accept any constitutional regulation that is backed by the necessary amount of votes. On the other hand, opponents have disliked everything that has happened in Hungarian constitutional law since 2010 on the premises of global constitutional values, the lack of consensus, self-restraint or elegance. The present paper aims to evaluate the Fundamental Law of Hungary through the lens of Joseph Raz’s seven constitutional criteria that might serve as a structured approach to analysis that is acceptable to those who express supportive as well as critical opinions on the Fundamental Law. Indeed, based upon Raz’s criteria we have come to the conclusion that the new constitutional regime does not meet one single criterion that is connected to its acceptance. As the Fundamental Law was accepted rapidly, without any endorsement by the opposing parties or any referendum, it cannot be demonstrated that it mediates general values accepted by the whole society.

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The Autonomy of the Parties’ Free Will and Its Limits When Selecting an Arbitrator

-117. Obecná ustanovení. Praha: Leges, 2013. 720 s. MOTHEJZÍKOVÁ, Jitka. Úloha národních soudů - podpora nebo dohled? Evropské a mezinárodní právo, 1998, č. 1, 43-54 s. MÜNCH, Joachim. Die Privatisierung der Ziviljustiz - Von der Schiedsgerichtsbarkeit zur Mediation. In Stiftung Gesellschaft für Rechtspolitik, Trier, Institut für rechtspolitik an der Universität Trier (eds.). Bitburger Gespräche Jahrbuch 2008/I: 50. Bitburger Gespräche zum Thema “Privatautonomie in der transnationalen Marktwirtschaft -Chancen und Gefahren“. München: C. H. Beck

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Vanishing Set-Aside Authority in International Commercial Arbitration

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In the Jungle of the Unregulated: Towards Extra-Legal Regulatory Approaches in Addressing ‘Cybercrime’

Introduction to Actor-Network-Theory . Oxford University Press: Oxford, 2007. LESSIG, Lawrence. Code Version 2.0 . New York: Basic Books, 2006. MANOVICH, Lev. The Language of New Media . Cambridge, MA: MIT Press, 2001. MEARES, Traey. Drugs: It’s a Question of Connections. Valparaiso Review , 1997, vol. 31. MILLER Vincent. Understanding Digital Culture . London: SAGE Publications, 2011. MILLER, Vincent. The Crisis of Presence in Contemporary Culture: Ethics, Privacy and Speech in Mediated Social Life . Los Angeles: SAGE Publications, 2016

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Party Autonomy in the Procedure of Appointing Arbitrators

. CHUKWUMERIJE, Okezie. Choice of Law in International Commercial Arbitration. Quorum Books, 1994. 218 p. INTERNATIONAL CENTRE FOR DISPUTE RESOLUTION. International Dispute Resolution Procedures (Including Mediation and Arbitration Rules): English [online]. icdr.org, 1 July 2016 [cit. 1 July 2017]. Accessible at <https://www.icdr.org/icdr/faces/i_search/i_rule/i_rule_detail?doc=ADRSTAGE2025301&_afrLoop=163277989018227&_afrWindowMode=0&_afrWindowId=1a4w45rk1n_161#%40%3F_afrWindowId%3D1a4w45rk1n_161%26_afrLoop%3D163277989018227%26doc%3DADRSTAGE2025301

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The Bits in the Age of Globalization

­man. Leiden: Martinus Nijhoff Publishers, 2010. Alvarez, José E. Why Are We “Recalibrating” Our Investment Treaties? World Arbitra­tion & Mediation Review, 2010, Vol. 4, No. 2. Amirante, Domenico. Il Principio Precauzionale Fra Scienza E Diritto. Diritto E Ges­tione Dell’ambiente, 2001, No. 2. Antony, Jude. Umbrella Clauses Since Sgs V. Pakistan And Sgs V. Philippines - ADeveloping Consensus. Arbitration International, 2013, Vol. 29, No. 4. Bandini, Andrea. Regole Di Concorrenza, Arbitrato E Norme Di Procedura

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Relationship between the Financial Indicators and the Implementation of Telework

.2307/256741 . Implementation of the European FrameworkAgreement on Telework (2006). Report by the European Social Partners . Retrieved on January 3, 2017 from: http://resourcecentre.etuc.org/linked_files/documents/Framework%20agreement%20on%20telework%20EN.pdf . Jiang, K. et al. (2012). How does human resource management influence organizational outcomes? A meta-analytic investigation of mediating mechanisms. Academy of Management Journal , 55, 6, 1264–1294. https://doi.org/10.5465/amj.2011.0088 . Kitou, E., Horvath, A. (2008). External air pollution costs of telework. The

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