On what principles does mediation rest?

Voluntariness, self-determination, good faith and equality, confidentiality, and the mediator's independence and impartiality.

Within what time is the mediator chosen in court mediation?

The parties try to agree within 3 days from the offered list; failing that, the Association's authorized person appoints the next registered mediator within 3 days of the request.

What effect does the mediation agreement have?

Where the parties undertake not to apply to court until a defined term, the dispute is not examined until those conditions are met, except where irreparable harm threatens.

Who draws up the mediation settlement?

The parties or their representatives, with the mediator's assistance.

Child Custody Mediation in Tbilisi, Georgia

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.