of 13 October. August 2012
of the tests and the remuneration of the mediator
The Justice Department determined in accordance with § 24 para. 2 of law No.
202/2012 Coll. on mediation and on amendments to certain acts (the Act on mediation), to
the implementation of § 10 para. 3 and § 23 paragraph 1. 8 of the law on mediation:
The subject of the edit
This Decree shall be laid down
and the test of the mediator) the details,
(b) if the requirements of the tests) family mediation,
(c) the requirements for an application) exam,
(d) the method of carrying out the test,)
(e) the method of appointing commissioners),
(f) the remuneration of the mediator) in the first meeting with the mediator is ordered by a court.
The elements of the test
(1) the mediator shall consist of a written Test and an oral part. the test of the
family mediation consists only of the oral part.
(2) when the test is to verify the applicant's knowledge needed to
performance of the activities of the mediator are finding knowledge from area
and mediation and other methods of) alternative dispute resolution, including
the relevant legislation,
(b)) mediation techniques,
(c)) of the fundamental human rights and freedoms,
d) civil, commercial and labour law,
e) family law
f) consumer protection law,
(g)) of the civil procedural law,
h) foundations of psychology and sociology.
Request for exam
(1) in the application for the applicant shall provide test
and) the name or name, last name,
(b)) date of birth,
(c) the address of the place of residence),
(d)) the address for service of documents, if different from the address of the place of
permanent residence, or electronic address for service
(e)) the type of tests required to execute,
f) date and signature.
(2) the request for exam candidate joins
and) proof of payment of the fee required by law on mediation
(b)) to be made about education, training in mediation and achievements
carried out by practice in the field of mediation,
(c) a copy of the proof of course) higher education in master's
or in the follow-up master study programme, or a confirmation of
study at University in the master, or in the follow-up master
d) in the case of applications for enforcement only tests of family mediation
a certified copy of a certificate of test of the mediator.
(3) the request for repeating the test and the application for the establishment of another or
the next time the candidate joins the proof of payment of the fee
required by law on mediation.
(4) the application that the applicant does not connect any of the documents set out
in paragraph 2 (a). and), d), and paragraph 3, shall be disregarded.
(5) the Ministry may, exceptionally, if it is not possible for organisational reasons
make part of the oral exam presentation of mediation skills
in the form of simulated mediation hearing under § 8 para. 4, applicant,
no later than 3 weeks before the date of the oral parts of the examination to the
5 calendar days before the date of the oral part of the exam has submitted
nesestříhanou released a video on a data carrier containing the model
mediation situation without the introductory words of the mediator, lasting at least 1 and
the most 2 hours.
(1) an application for the candidate exam can take back before
the start of the test.
(2) if the candidate takes the exam back request, the fee for
admission to the exam will not be refunded.
Invitation to the exam
(1) an invitation to test the mediator stating the date, time and location
the holding of the written part of the exam, the Ministry shall send the applicant not later than 4
weeks before the date of the written part of the test. About the date, time and place
the venue of the oral part of the exam, the Ministry shall inform the applicant of the mediator
no later than 3 weeks before the date of the oral part of the exam of a mediator, and
It's on their website, or by letter sent
(2) the invitation to the test of family mediation, on trial in the appeal and the
the term on the basis of requests for repeat tests or in another term
provided for under section 11, stating the date, time and place of the test
the Ministry will send the candidates no later than 3 weeks before the date of
of the test.
(3) if the candidate at the same time as the request for exam of the mediator
filed a request for an exam from the family mediation and in the test
the mediator will allow it to succeed, the Ministry of examination of family mediation
do not later than 30 calendar days after submission of the certificate of
exam of a mediator in accordance with § 14.
Common provisions for the written and oral part of the exam
(1) the test is held in the Czech language.
(2) before the start of each section of the test, the tenderer proves its
(3) if the applicant in the course of the written or oral part tests from the test
resigns, says its failed.
(4) the Applicant shall be required to work independently during the test. The tenderer,
during the test violated his obligation to work independently, or
seriously disturbing the progress of the test, may be excluded from the test. If it has been
the Tenderer shall be excluded from the tests, evaluates the degree of.
The written part of the test of the mediator
(1) the Written part of the test of the mediator is held in the form of the test and is non-public.
(2) the Written part of the test of the mediator shall not exceed 2 hours. After the expiry of the
This time, the applicant is required to deliver a written work.
(3) test questions approved by the Ministry. The test questions are the same
in both tests the mediator provided by the Ministry, for the test
the mediator provided by the Czech Bar Chamber under the law on
(4) for successful execution of the written part of the test of the mediator's
putting the correct answers to at least 75% of the questions.
(5) on the outcome of the written part of the test of the mediator decides the employee
of the Ministry. The result of the written part of the test of the mediator shall notify the
Ministry candidates on their website, or
by letter addressed to the applicants.
The oral part of the exam
(1) the oral part of the exam is public and takes a maximum of 2 hours.
(2) the oral part of the exam of the mediator shall be held not later than 5 weeks from the date of
the venue of the written part of the exam of a mediator and can be enforced only by the tenderer
that part of the test succeeded in writing a mediator.
(3) the oral part of the exam consists of a practical demonstration of the mediation
skills, especially in the area of personal interaction, the way
giving, facilitating the expression of conflict analysis, management,
negotiation, ethical behaviour, communication, showing empathy,
active listening and strategic interventions.
(4) part of the oral part of the exam is a presentation of mediation skills
in the form of simulated mediation meeting, exceptionally, in the form of video recordings
model mediation situation, for which the submission was prompted
According to § 3 (2). 5.
(5) during the test of family mediation, mediation, in particular,
abilities and skills necessary for the resolution of conflicts arising from the
family relationships, knowledge of family law, property
rights, knowledge of the psychology of the child, the rights and domestic violence
intergenerational relations and communications. Included in the examination of family mediation
the presentation is in the form of simulated mediation mediation skills
the hearing focused on the family relations resulting from the conflict.
(6) for successful execution of the oral part of the exam is the total
evaluation of the knowledge and skills of mediation candidates to at least 75%.
(7) the examination Board shall decide on the outcome of the oral parts of the examination on the basis of
non-public meetings immediately after completion of the oral parts of the examination
for the applicant.
The examination Board
(1) the trial Commissioner appointed and recalled by the Minister of Justice from among the
employees of the Ministry and of experts in mediation, both for tests
provided by the Ministry, for the tests provided by the Czech Bar Association
Chamber under the Act on the legal profession. Examiners must have completed
higher education in master's degree program.
(2) the examination Board for the oral part of the exam is a three piece and the tenderer is
its composition learns to immediately before the oral part of the exam.
The members of the examination Commission selects the Ministry from among the Commissioners
appointed by the Minister of Justice, both for the tests provided by
the Ministry, for the tests provided by the Czech Bar Chamber
under the Act on the legal profession.
(3) the examination Board is quorate with the presence of all its
(4) the examination Board shall decide by an absolute majority of its members.
(5) the Chairman of the examination Board appointed and recalled by the Minister of Justice.
The President of the examination Commission controls the course of the oral part of the examination and shall ensure that its
the professional level.
Bias on the part of members of the examination Committee
(1) members of the examination Commission are required to communicate to the Ministry no later than
before the oral part of the examination of facts that could lead to the
doubts about the impartiality of the members of the examination Board in relation to the tenderer.
(2) before the oral part of the examination the candidate has the right to argue
bias on the part of any member of the examination Committee. Shall be the Chairman of the
test the Commission advised. Candidate who contested bias, blowjob
part of the test by the initial deadline.
(3) an objection raised by the applicant is required to send a bias in writing
the Ministry not later than 5 working days after the day on which he had held
the oral part of the exam. The objection must be stated bias against
the Evaluation Commission which seeks, in what is considered to be the reason
doubts about his impartiality and what evidence may be proved.
(4) an objection shall assess the Ministry of bias within 10 working days from the
the date of its delivery. If there is no objection of partiality, apparently for no reason
raised and was sent to the Ministry in a timely manner, the Ministry will allow
the execution of the oral part of the exam candidates in the near term; otherwise, the
the candidate assesses the degree of. On the method of handling the objections of partiality
the Ministry shall inform the applicant without undue delay.
Non-participation on the test
(1) if the applicant is unable to attend due to serious reasons, within a specified
a trial date for written or oral part of the exam and its non-participation in
5 calendar days from the delivery date of the test or its part the Ministry of
apologise in writing, may undertake all or part of the test on a different date
established by the Department; If your non-participation of the Deputy in a timely manner,
evaluate the degree of.
(2) if the applicant fails to appear in a different time limit laid down by the Ministry of
to written or oral part of the exam and within 5 calendar days, the Department of
proves that he could not attend for reasons worthy of special consideration,
evaluate the degree of.
(3) on the request of the applicant, the Ministry remitted deadline referred to in
paragraphs 1 and 2, if the applicant can prove that the deadline missed for reasons of
worthy of special attention. Request for relief should be
filed within 5 calendar days after the disappearance of obstacles.
(1) the test result shall be assessed by the degree of success or failed.
(2) during the test, the candidate of the mediator has succeeded, if evaluated the degree of
succeeded in the written and oral parts of the examination of the mediator. During the test of the
family mediation to succeed, if the candidate was assessed by the degree of succeeded in
oral part of the examination of family mediation.
(3) the test result the test shall notify the applicant of the Commission the oral announcement
immediately after the meeting held after the oral part of the examination of the applicant.
(4) If a tenderer in the oral part of the examination of the mediator, not when the
the mediator is obliged to repeat the test iteration and its written part,
section 13 of the
During the test log
(1) the Protocol shall be drawn up during the test, which includes, in particular,
and) the name or names, and surname of the applicant,
(b) the applicant's date of birth),
(c) the address of the place of residence) of the tenderer,
(d)) kind of tests,
e) date, time and place of the written and oral parts of the examination,
f) scoring the written part of the test of the mediator,
g) test questions the oral part of the exam,
h) test result,
(I) the names, forenames) members of the examination Commission and their signatures.
(2) the annex to the Protocol is drawn up at the written test the written part
the test of the mediator, the scoring of knowledge and mediation skills
candidates at the oral test and the video of the mediation model
the situation, if it was for the challenge of the Ministry in accordance with § 3 (1). 5.
(1) Candidates that the test succeeded, it shall send the Ministry within 30
calendar days after the holding of the last part of the certificate of execution
of the test. The certificate is a document certifying the successful execution of the test.
(2) a certificate containing the particulars of the name, or names, last name
the applicant, his date of birth, type of test performed, the date of its
execution, date of issue of the certificate and the signature of the Chairman of the examination Committee.
The amount of remuneration for the first meeting with the mediator is ordered by a court
The amount of remuneration for the first meeting with the mediator is ordered by a court shall be 400 Czk
for every new hour. If the mediator is a VAT payer
value added under other legislation, it has also
compensation for value added tax.
section 16 of the
The effectiveness of the
This Decree shall enter into force on 1 January 2000. September 2012.
JUDr. Blazek, Ph.d., v. r.