The Principles of Mediation
Under the Law of Georgia on Mediation, mediation rests on the principles of the voluntariness of the parties (except for the cases provided by law), self-determination, good faith and equality, the protection of confidentiality, and the independence and impartiality of the mediator. Questions arising in the course of the mediation process that are not regulated by the law must be resolved on the basis of these principles. In child custody disputes this carries particular weight: the parents themselves shape the agreement, which must respond to the child's interests, while the mediator only facilitates the process and imposes no decision.
Choosing and Qualifying the Mediator
Mediation may be conducted simultaneously by one or several mediators. The parties agree on the choice of the mediator, except in the cases provided by law. In court-annexed mediation the parties choose the mediator from a list drawn up by the court on the basis of the unified register of mediators, taking into account the mediator's area of activity; the Association of Mediators may also set additional requirements — age, experience or higher education. If the parties fail to agree on a candidate within 3 days of the list being offered, the authorized person or organ of the Association, upon a request of the court, appoints the next person registered in the register within 3 days of its receipt, considering the circumstances indicated. In selecting a mediator, qualification criteria may be applied: experience in conducting mediation or another negotiation process; experience of participation in court proceedings or alternative dispute resolution; work on legal issues corresponding to the content of the dispute; accreditation by a recognized mediation organization; the mediator's reputation, authority and other skills; or another qualification criterion according to the agreement on mediation.
Commencement of Mediation and Its Effect
The precondition for starting mediation is an agreement on mediation or the transfer of the case to a mediator by a court or other authorized organ on a statutory basis or at the parties' request. Mediation is considered commenced from the moment of the application to the mediator or the transfer of the case, and at a party's request the mediator issues a document confirming the commencement. Where, by their agreement, the parties undertake not to apply to a court or arbitration until a defined period or circumstance, the dispute is not examined until those conditions are fulfilled — except where the plaintiff confirms that without judicial or arbitral examination irreparable harm will befall them. A party's application to a court or arbitration is not considered a refusal of the agreement on mediation or a termination of the mediation that has begun. A party may refuse to participate at any stage of the mediation, unless the law or the agreement on mediation provides otherwise.
Completion of Mediation
Mediation is considered completed: where the parties agree in writing on the amicable settlement of the dispute — from the day of the agreement; where they agree in writing to stop the mediation — from the day of the agreement; where a party declares in writing its refusal to continue — from the day of the declaration; where the period allotted for mediation expires — from the day of expiry; and where, after consultation with the parties, the mediator declares that continuing the mediation is unreasonable and unjustifiable — from the day of that declaration. The mediation settlement is drawn up by the parties or their representatives, and the mediator may assist them. In parental disputes, a settlement is often a more constructive outcome than a protracted court process. The document confirming the commencement, and the record of the moment of completion or termination, matter for any subsequent court examination as well: they prove whether the agreed deadlines and conditions were observed.
Frequently Asked Questions
Who chooses the mediator?
The parties agree, except in statutory cases. In court-annexed mediation the mediator is chosen from a court list based on the unified register; failing agreement within 3 days, the Association appoints the next registered person.
When does mediation commence?
From the moment of the application to the mediator or the transfer of the case; at a party's request the mediator issues a document confirming commencement.
May a party leave mediation at any stage?
Yes — a party may refuse to participate at any stage of the mediation, unless the law or the mediation agreement provides otherwise.
How does mediation end?
By written agreement on settling the dispute or stopping the mediation, by a party's written refusal, by expiry of the allotted period, or by the mediator's declaration that continuation is unreasonable.
How We Help on Legal.ge
If you are involved in a child custody dispute and wish to resolve it through mediation, write to us through the contact form on this site. The legal specialists of Legal.ge will review your situation, help you choose the mediator, prepare the agreement on mediation and formulate the mediation settlement. An agreement oriented to the child's interests endures, and we will stand beside you at every stage — from the choice of the mediator to the execution of the settlement. Contact us. Мы рассмотрим вашу ситуацию через призму интересов ребенка и убедимся, что соглашение исполнимо и сбалансированно для обеих сторон.