The Better Alternative: Solving Disputes through Mediation

On January 1, 2020, the Law of Georgia on Mediation was enacted, on the basis of which the Mediators Association of Georgia, a legal entity of public law, was established for the first time in Georgia. The presentation of the legal entity was held at ‘Rooms’ hotel where Carl Hartzell, the Ambassador of the EU to Georgia and Louisa Vinton, the Permanent Representative of the United Nations Development Program (UNDP) in Georgia, congratulated Georgian society on officially putting the alternative mechanism of dispute resolution to work.

GEORGIA TODAY sat down with the chairman of the recently-founded association, Mr. Irakli Kandashvili.

What is mediation?

Mediation is a new word for the Georgian legal reality. This is honestly an unprecedented reform, enforced in the past decade, which allows the disputing parties to resolve their own conflict themselves, this is to say that it is an alternative dispute resolution mechanism in which the parties, without a judge, have the power, with the help of a third independent and neutral person, a mediator, to accomplish the desired goal: an agreement. This is a process that leaves both of the parties satisfied, that is, if they reach an agreement, of course.

To clarify: those who currently have a dispute in court, can they also apply for mediation or is it possible only before taking matters to court?

Mediation is possible even if the dispute’s been taken to court. The newly enacted law allows individuals who have ongoing court proceedings to seek mediation. I would like to add that the court will be unburdened at the expense of this. As you know, especially in civil disputes, the court is extremely overloaded, and parties sometimes have to wait for years for its decision. Mediation will radically alleviate this problem.

The success of this reform is a precondition for the greatest step on the path of democratic development of our country, for an unequivocal change in the worldview of the society, when the society shifts from the rails of tension to the rails of mutual tolerance, now that the parties understand they must reach an agreement.

And most importantly, on the other hand, the parties in a conflict situation, without having addressed the court, have the possibility to end the dispute through mediation, select a mediator acceptable to them, and negotiate an agreement tailored to their interests.

How long does the mediation dispute resolution process take?

The unequivocal advantage of mediation is that it takes a very short period in time, and is at the same time less costly, which is no less important for the parties. This is an absolutely confidential process, so our union has a crucial role to play in the introduction of this mechanism in Georgia, and we understand and feel the great responsibility associated with all this, as well as the full public support in this important cause. Mediation will play an important role in the the further development of the country.

It should be noted that the agreement reached by the parties through mediation, subject to the will of the parties, is subject to confirmation by the court, and therefore the parties make a legally binding court decision, which I think you would agree is a prerequisite for effective results for all, and especially business representatives.

Mediation is a form of dispute resolution that should become an non-alternative dispute resolution mechanism for any stakeholder, and we will offer a number of interesting projects and initiatives in this area to the public in the near future.

By Nini Dakhundaridze