Although most of the co-operating advocates of the Klára Samková law firm have undergone mediation training, none of them is a registered mediator.   The reason why members of the law firm, including Klára Samková herself, have not registered as mediators is that the Czech Bar Association and the Ministry of Justice only recognize so-called "facilitative mediation".

Whoever departs from this method (even if only in the view of examining mediator) has no chance of becoming a registered mediator. However, in the experience of Klára Samková's law firm and its members, facilitation mediation is not the most effective form of mediation.

In principle, it can be said that there are three types of mediation:

1) Facilitative mediation - this is the most widespread method, where the mediator does not advise or come up with solutions, and does not put forward arguments to the parties to change their position. Clients - the parties in dispute - have themselves to come to a resolution of their problem, under the mediator’s supervision. In the opinion of the lawyers at the Klára Samková law firm, one can hardly expect of the parties in dispute, whatever the subject of their dispute, to come themselves to fundamental solutions, particularly when they had been unable to agree themselves. It recalls the constant demands of guardianship courts for "parents to agree and be reasonable" - usually in a situation where divorce proceedings are stormy, including the proposed settlement of spousal assets within a Joint Estate. Such an approach is very similar to psychotherapy, but in the opinion and the experience of our lawyers does not achieve the goal. The term "facilitative mediation" often hides hidden manipulation, either by the mediator or by one of the participants. 

2) Evaluative mediation is a mediation method where the mediator is an evaluator, actively directing and evaluating attitudes, possible successes and failures. She or he assesses the realism of the proposals, their legality, the possibility of success in court proceedings and other circumstances. The parties to the dispute then take on a more passive role. She or he is a referee who umpires the match while at the same time determining the rules. But even this method of mediation is unsatisfactory for the members of our office, because it is too authoritative. It is very difficult for the mediator to maintain impartiality.

3) Inspiration Mediation is a term that the members of the Klára Samková law firm have come to through their own work.   We are in fact of the opinion that the mediator's job is to help the parties being mediated to surmount the difficulties that were so great for them that they were earlier unable to overcome them. This kind of mediation is the closest to coaching, of both sides of a dispute at the same time. Here it is a good idea to be aware of what coaching consists of. 

Coaching can be characterised as a personal development method that uses a guided conversation to help us

a) to realise what we want and why

b) to discover ways to achieve it

c) to take action leading to our goal, with support from the coach on this path.

The attorneys at the Klára Samková law firm believe that combining inspiration, coaching, and putting forward proposals, including informed warnings on the legal context of possible solutions, is the best way of bringing both parties to an out-of-court settlement. This has been proven repeatedly, and we provide this service with the agreement of both parties involved as part of the amicable settlement of problems. 

If you have interested in this type of conflict resolution, practically in any area of conflict, our office is at your service. This kind of mediation consists primarily of a careful hearing of both parties, the putting of a series of additional legal and personal questions and the subsequent presentation of certain possibilities and directions to both parties. Gradual steps and clarification of the position can also take place through separate negotiations with each party separately. It is then for the mediator - coach to agree with each of the parties on how to proceed further and what information - for example - should be considered confidential in respect of the other party. The mediator - coach always assumes that coming to an agreement as such is always beneficial for both parties.

We also provide mediation services in English.