Of The Tests And The Remuneration Of The Mediator

Original Language Title: o zkouškách a odměně mediátora

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=78077&nr=277~2F2012~20Sb.&ft=txt

277/2012 Sb.



DECREE



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:



§ 1



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.



§ 2



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.



§ 3



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

of documents,



(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

study programme,



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.



§ 4



(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.



§ 5



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

applicants.



(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.



§ 6



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

identity.



(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.



§ 7



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

advocacy.



(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.



§ 8



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.



§ 9



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

members.



(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.



§ 10



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.



§ 11



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.



§ 12



Reviews tests



(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,

He successfully.



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.



§ 14



Exam certificates



(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.



§ 15



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.



Minister:



JUDr. Blazek, Ph.d., v. r.