Decree No. 277 / 2012 Coll.
Order on the examination and remuneration of the mediator
Valid
Order
Effective from 01.09.2012
277
DECLARATION
of 13 August 2012
on the examination and remuneration of the mediator
The Ministry of Justice provides, pursuant to § 24 (2) of Act No. 202 / 2012 Coll., on Mediation and on the amendment of certain laws (Mediation Act), for the implementation of Sections 10 (3) and 23 (8) of the Mediation Act:
Subject matter
This decree provides for:
(a) the particulars of the mediator's examination;
(b) the formalities for the family mediation examination;
(c) particulars of the application for the examination;
(d) the method of conducting the test;
(e) the method of appointing the test Commissioners;
(f) the amount of remuneration of the mediator for the first meeting with the mediator ordered by the court.
Test requirements
(1) The mediator's test consists of a written and oral part; the family mediation test consists only of the oral part.
(2) In order to verify the knowledge of the candidate needed to perform the mediator's activities, the test shall examine the knowledge from the area of:
(a) mediation and other means of out-of-court dispute resolution, including appropriate legislation;
(b) mediation techniques;
(c) fundamental human rights and freedoms;
(d) civil, commercial and labour law;
(e) family law;
(f) consumer protection rights,
(g) civil law,
(h) the foundations of psychology and sociology.
Application for the test
(1) In the application for an examination, the tenderer shall indicate:
(a) the name and, where appropriate, the name and surname;
(b) the date of birth;
(c) the address of the place of permanent residence;
(d) the address for service of documents, if different from the address of the place of permanent residence or, where appropriate, the electronic address for service of documents;
(e) the type of test it requires to carry out;
(f) date and signature.
(2) The applicant shall attach to the application for the examination:
(a) proof of payment of the fee required by the Mediation Act;
(b) information on the educational attainment, mediation training and mediation practice,
(c) a copy of the evidence of completed university education in the Master's or Master's degree programme, or a certificate of study in the Master's or Master's degree programme;
(d) in the case of an application for a family mediation examination only, a certified copy of the certificate of the mediator's examination.
(3) The applicant shall attach proof of payment of the fee required by the Mediation Act to the request for the re-examination and the application for a different or additional date.
(4) An application to which the tenderer does not attach one of the documents provided for in paragraph 2 (a), (d) and (3) shall not be taken into account.
(5) The Ministry may, exceptionally, if it is not possible for organisational reasons to make the presentation of mediation skills in the form of a simulated mediation meeting in accordance with Paragraph 8 (4), invite the applicant, not later than 3 weeks before the oral stage date, to submit, within 5 calendar days before the oral part of the test, an unedited video recording on the data medium containing the model mediation situation without the initial word of the mediator lasting at least 1 and not more than 2 hours.
(1) The applicant may withdraw the application for the test at the latest before the beginning of the test.
(2) If the tenderer withdraws the application for the test, the admission fee shall not be refunded.
Examination invitation
(1) The invitation to the mediator's examination shall be sent by the Ministry to the tenderer no later than 4 weeks before the date of the written examination. The Ministry shall inform the mediator of the date, time and place of the oral part of the mediator's examination no later than 3 weeks before the date of the oral part of the mediator's examination, on its website and, where appropriate, by letter to the tenderer.
(2) An invitation to the family mediation examination, to the examination on the basis of a corrective date following a request for a repeat examination or at another date set in accordance with Article 11, specifying the date, time and place of the examination, shall be sent by the Ministry to the tenderer no later than 3 weeks before the date of the examination.
(3) If the candidate, at the same time as the application for the mediator's examination, has applied for the family mediation test and succeeded in the mediator's examination, the Ministry shall allow him to carry out the family mediation examination no later than 30 calendar days after sending the certificate of the mediator's examination referred to in Section 14.
Common provisions for the written and oral part of the test
(1) The test is in Czech.
(2) Before the start of each part of the test, the tenderer shall demonstrate his identity.
(3) If, during the written or oral part of the examination, the candidate withdraws from the examination, the degree of failure shall be assessed.
(4) The candidate is obliged to work independently during the test. A candidate who has broken his or her obligation to work alone during the test or has seriously disturbed the course of the test may be excluded from the test. If the candidate has been excluded from the test, he or she has failed.
Written part of the mediator test
(1) The written part of the mediator's examination shall take the form of a test and shall not be public.
(2) The written part of the mediator's examination lasts no more than 2 hours. After this period, the applicant shall be obliged to submit the written work.
(3) Test questions are approved by the Ministry. The examination questions are the same both for the examination of the mediator provided by the Ministry and for the examination of the mediator provided by the Czech Bar Association pursuant to the Law on the Law on Advocacy.
(4) A condition for successful completion of the written part of the mediator's examination is to give the correct answer to at least 75% of the questions.
(5) The results of the written part of the mediator's examination will be decided by the staff member of the Ministry. The results of the written part of the mediator's examination shall be communicated by the Ministry to the tenderer on its website or by letter to the tenderer, as appropriate.
Oral part of the test
(1) The oral part of the examination shall be public and shall not exceed 2 hours.
(2) The oral part of the mediator's examination shall be held no later than 5 weeks after the date of the written part of the mediator's examination and may be carried out only by the tenderer who successfully passed the written part of the mediator's examination.
(3) The oral part of the test consists of a practical demonstration of mediation skills, in particular in the field of personal interaction, manner of performing, facilitating expression, conflict analysis, negotiating, ethical behaviour, communication, empathy, active listening and strategic intervention.
(4) Part of the oral part of the test is the presentation of mediation skills in the form of simulated mediation negotiations, exceptionally in the form of a video recording of the model mediation situation, to which the candidate has been invited to submit pursuant to § 3 (5).
(5) The family mediation test shall examine in particular the mediation skills and skills needed to resolve conflicts arising from family relations, knowledge of family law, property rights adjustment, knowledge of the rights and psychology of the child, domestic violence, intergenerational relations and communication. Part of the family mediation exam is the presentation of mediation skills in the form of simulated mediation negotiations focused on relationships arising from family conflicts.
(6) The overall assessment of the candidate's knowledge and mediation skills shall be a condition for the successful completion of the oral part of the test at least 75%.
(7) The examination committee shall decide on the outcome of the oral part of the examination on the basis of a non-public consultation immediately after the end of the oral part of the candidate's examination.
Test Panel
(1) The Examination Commissioner is appointed and dismissed by the Minister of Justice from the staff of the Ministry and mediation experts, both for the examinations provided by the Ministry and for the examinations provided by the Czech Bar Association under the Law on Advocacy. The examiners must have completed their university education in the Master's study programme.
(2) The examination committee for the oral part of the examination shall be of three members and shall be informed of its composition immediately prior to the oral part of the examination. The members of the examination committee shall be selected by the Ministry from among the test Commissioners appointed by the Minister of Justice, both for the examinations provided by the Ministry and for the examinations provided by the Czech Bar Association under the Law on Advocacy.
(3) The examination committee is quorum in the presence of all its members.
(4) The examination committee shall act by an absolute majority of its members.
(5) The President of the Examination Board shall be appointed and removed by the Minister of Justice. The Chairman of the Examination Board shall direct the conduct of the oral part of the examination and ensure its professional level.
Interpretation of the members of the test committee
(1) Members of the Examination Board are required to communicate to the Ministry, at the latest before the oral part of the examination, facts which might lead to doubts as to the impartiality of the members of the Examination Board in relation to the candidate.
(2) Before carrying out the oral part of the examination, the tenderer shall have the right to object to the bias of any member of the examination committee. The Chairman of the Examination Committee shall be informed of this. The candidate who objected to bias shall not take the oral part of the test at the original date.
(3) The applicant shall submit the objection of bias to the Ministry in writing no later than 5 working days from the date on which he was to take the oral part of the examination. The objection of bias shall state against which member of the Examination Committee is directed, in which grounds of doubt about his or her bias are seen and what evidence can be shown.
(4) The Ministry will assess the objection of bias within 10 working days of its receipt. If the objection of bias is not manifestly unjustifiably raised and sent to the Ministry on time, the Ministry shall allow the applicant to carry out the oral part of the examination within the earliest period; otherwise the candidate has failed to assess the degree. The Ministry shall inform the applicant of the manner in which the objection is handled without undue delay.
Non-participation in the test
(1) If, for serious reasons, a candidate cannot appear within the prescribed test period for the written or oral part of the examination and fails to participate within 5 calendar days of the date of the examination or part thereof, he may make a written apology to the Ministry, or part thereof within another time limit set by the Ministry; if he does not apologize properly and in due time, he has failed in his grade.
(2) If the candidate does not show up for the written or oral part of the examination by another deadline set by the Ministry and does not prove within 5 calendar days to the Ministry that he was unable to show up for reasons of special consideration, he has failed to be assessed.
(3) At the request of the tenderer, the Ministry shall waive the delay referred to in paragraphs 1 and 2 if the tenderer proves that he has missed the period for reasons of special consideration. The request for remission of the time limit shall be submitted within 5 calendar days of the end of the obstacle.
Test evaluation
(1) The test result shall be assessed as having succeeded or failed.
(2) During the mediator's examination, the candidate succeeded if he was assessed by degree in the written and oral part of the mediator's examination. During the family mediation exam, the candidate succeeded if he was assessed by degree he succeeded in the oral part of the family mediation exam.
(3) The test results shall be notified by the examination committee to the candidate by oral announcement immediately after the oral part of the examination.
(4) If the candidate failed the mediator's oral examination, he / she shall not be obliged to repeat the mediator's examination in writing, which he / she passed successfully.
Test progress report
(1) A report shall be drawn up on the course of the test, containing in particular:
(a) the name and, where appropriate, the names of the tenderer;
(b) the date of birth of the tenderer;
(c) the address of the applicant's permanent residence;
(d) the type of test;
(e) the date, time and place of the written and oral part of the examination;
(f) point evaluation of the written part of the mediator's examination;
(g) oral examination questions;
(h) test result;
(i) the names, surnames and signatures of the members of the Examination Committee.
(2) The annex to the report shall be a written test carried out in the written part of the mediator's examination, a point assessment of the candidate's knowledge and mediation skills at the oral part of the examination and a video recording of the model mediation situation, if it was submitted at the request of the Ministry pursuant to Article 3 (5).
Certificate of completion
(1) The candidate who has succeeded in the examination shall send the Ministry within 30 calendar days of the last part of the examination certificate. The certificate shall be evidence of successful completion of the test.
(2) The certificate shall contain details of the name and, where applicable, names, surname, date of birth, type of test carried out, date of completion, date of issue of the certificate and signature of the Chairman of the Examination Committee.
Amount of remuneration for the first meeting with the mediator ordered by the court
The amount of remuneration for the first meeting with the mediator ordered by the court is CZK 1 000 for each starting hour. If the registered mediator is a value added tax payer under another legislation, he shall also be compensated for value added tax.
Efficacy
This Decree shall take effect on 1 September 2012.
Minister:
JUDr. Blažek, Ph.D., v. r.
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Regulation Information
| Citation | Decree No. 277 / 2012 Coll., on the examination and reward of the mediator |
|---|---|
| Regulation Type | Order |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 22.08.2012 |
|---|---|
| Effective from | 01.09.2012 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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