Advokát Matěj Komárek

In mediation, there's only room for gain, never loss.

I am a registered mediator. As a trained professional, I serve as a mediator for parties interested in resolving their situation through agreement, in an informal and discreet manner.

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Mediation is a method of conflict resolution where a mediator acts as a neutral third party to help people find a solution – ideally one that satisfies everyone involved. The mediator serves as an intermediary between the parties, facilitating communication and mutual understanding. The goal of mediation is to find a solution that satisfies the interests of both parties. Mediation emphasises active listening, empathy and collaboration to reach mutual understanding and an acceptable resolution.

Mediation aims to focus on the future and build relationships going forward. Therefore, the mediator's task is to facilitate communication to help you navigate your situation and provide options to consider on how to effectively organise your relationship. Mediation is always voluntary, and you can choose to use it whenever you want. The court may only order the first meeting with the mediator, during which the mediator will introduce you to the mediation process. However, it will always be up to you to decide whether you want to enter the mediation process or not.

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When is mediation used?

Mediation aims to focus on the future and build relationships going forward. Therefore, the mediator's task is to facilitate communication to help you navigate your situation and provide options to consider on how to effectively organise your relationship.

Commercial disputes

In the corporate world, as a mediator, I facilitate the resolution of conflicts between business partners, companies, or individuals involved in business transactions. This type of mediation can be particularly valuable in a business environment where maintaining business relationships and minimising costs and time wasted on litigation are crucial. Additionally, mediators can help ensure smooth business negotiations.

Disputes on the settlement of inheritance

Mediation is utilised to resolve conflicts and disagreements among heirs or other interested parties concerning the distribution of property after the testator's passing. These disputes can arise due to various reasons, such as ambiguities in the testator's last will, inconsistencies in legal documents, personal disagreements among heirs, ambiguous interpretation of inheritance rights, and especially disputes regarding the estate's distribution. Inheritance mediation can serve as an effective tool for finding a mutually acceptable solution that respects the testator's intentions and fosters a functional relationship among the heirs.

Workplace disputes

Mediation can be used to address conflicts between employees, disputes with superiors, or conflicts between different departments or teams within a company. These disagreements may stem from various factors, including personal conflicts, communication issues, inconsistent management, or differing work styles or habits among individual employees. Workplace mediation can serve as an effective tool for resolving conflicts and fostering a harmonious and productive work environment. It aids in enhancing communication, reducing stress, and strengthening trust among employees, particularly between employees and their employer.

Family matters

Family mediation is employed in a range of situations, including divorce, child custody, family disputes and other interpersonal family issues. It is particularly common in child custody disputes. As a mediator in such cases, I am also responsible for safeguarding the interests of minor children. In practice, it has proven beneficial to address questions regarding the rights and responsibilities of parents in relation to their children before commencing mediation. Therefore, I typically initiate mediation with a general introduction regarding the parent-child relationship, as this facilitates more effective mediation.

Mediation in the construction sector

Almost every individual, and particularly every entrepreneur in the construction industry, has likely encountered situations where construction timelines extend or additional costs arise, leading to an increase in the project's overall cost. In such cases, the involved parties need to resolve disputes swiftly, often with a mutual interest in continuing their cooperation. This sets a favourable stage for reaching a successful agreement, and it is in these instances that construction entrepreneurs will truly appreciate the benefits of mediation and the presence of a mediator in resolving construction disputes. Mediation is also invaluable for handling building complaints, resolving defects and reaching agreements on their rectification. It also proves beneficial when addressing issues related to retention, contractual penalties or changes to the project.

Co-ownership and neighbour disputes

Co-owners, much like neighbours, frequently find themselves needing to communicate with each other for various reasons and have an interest in maintaining a fair relationship, as they often share a common cause. They often address questions regarding the use, distribution, repair and maintenance of shared property, or they may struggle to agree on how to manage their relationship going forward. These disputes often involve individuals with varying degrees of familial ties. Given these circumstances, parties involved in such disputes are well-positioned to attempt mediation together and find a mutually agreeable solution with the assistance of a mediator. Additionally, parties often appreciate that mediation is informal and allows them to address non-legal aspects of their relationship with the mediator's support.

Court-ordered first meeting with a registered mediator

I am a registered mediator, so you can have your first court-ordered meeting with a registered mediator with me and I will provide you with the confirmation required by law that you have complied with the court-ordered obligation to meet with a mediator. At such a meeting I will inform you of what mediation is, what its purpose and principles are, what the role of the mediator is and how the mediation meetings will be run. After this meeting you will decide whether you want to enter the mediation process. The cost for such first meeting with a registered mediator is 400 CZK for each hour started and the parties pay the mediator's fee in half. I can also conduct the first meeting so arranged online to make it as time efficient as possible for you. The first meeting with the mediator usually does not take longer than one hour.

Mediator's fee

The fee for a court-ordered first meeting with a registered mediator is 400 CZK for each hour commenced, and each party pays one-half of the mediator's fee. The mediation itself is paid for separately and I, as mediator, charge the sum of CZK 3,000 for each hour of the mediation session commenced. This fee is usually paid by the parties on a half-pay basis, i.e. CZK 1,500 each.

Do you want to be sure if mediation is right for you or have you been ordered to meet with a mediator for the first time and are you looking for the right one? Take advantage of the free 15-minute consultation, we will informally talk about mediation and its benefits.

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Mediation clause

Contracts frequently include a provision where parties agree to resolve disputes amicably, but often, this provision lacks enforceability or consequences if not followed. However, a mediation clause has the potential to compel parties to the negotiating table. It is essential to recognise that mediation itself is always voluntary, so even with a mediation clause, there's no guarantee that parties will reach an agreement. But by including a mediation clause, the parties are compelled to meet with the mediator, thereby significantly enhancing the likelihood of negotiation and, ultimately, reaching an agreement. A mediation clause that you can add to your contracts might read something like this:

Mediation clause
The parties undertake to resolve all disputes arising from this contract primarily amicably. For this purpose, they undertake to follow the procedure outlined below, utilising mediation as an alternative method of dispute resolution. In the event of a dispute, each party is obligated to notify the other party before resorting to court. To seek an amicable solution to the dispute, the parties undertake to enter into a mediation agreement with Mgr. Matěj Komárek, lawyer and registered mediator, with his registered office at Drtinova 372/24, 150 00 Prague 5, and after the conclusion of the mediation agreement, to participate in at least one mediation meeting. The parties may seek dispute resolution through a court or other body, but not earlier than 3 months after the date of conclusion of the mediation agreement. If any party fails or refuses to proceed in the event of a dispute arising according to this article, that party is obligated to pay a contractual penalty of CZK 200,000 to the other party.


Advokát Matěj Komárek
Contact +420 774 280 225 advokat@komarek.legal Drtinova 372/24, Praha 5 LinkedIn