A parenting plan and the settlement of child-related issues through mediation in Georgia rest on the Georgian Law on Mediation. From the standpoint of protecting the child, two provisions of this law matter most: Article 10, which establishes the duty of confidentiality and its exceptions, and Article 12, which suspends the running of the limitation period while private mediation is under way. On this page we explain how these norms operate while parents negotiate in mediation and what you should expect if issues of contact, care or maintenance of the child are being resolved with the participation of a mediator.
The Duty of Confidentiality and the Child’s Interests (Article 10)
Article 10 provides that the mediation process is confidential. Information that became known during the mediation process or substantially derives from it is likewise confidential. Participants in the mediation may not use this information in court or arbitral proceedings, or in the examination of the dispute by any other means. The mediator has no right to convey to one party information disclosed by the other party during an individual communication, unless the mediator has received from that other party express consent to providing the information. The duty of confidentiality continues to operate after the mediation has ended, unless the written agreement between the parties and the mediator provides otherwise.
For the protection of the child, paragraph 4 of the article is decisive: the duty of confidentiality does not apply where it is necessary to protect the life or health of a person, to secure liberty, or to protect the best interests of a minor. In such a case, disclosure is permissible only to an extent that is adequate and proportionate to a legitimate aim, so that the information is protected from third parties as far as possible. This means that information obtained while discussing a parenting plan may be disclosed only when it is necessary to protect the best interests of the child.
A Parenting Plan as a Practical Structure Within the Settlement
A parenting plan is not defined in Georgian legislation as a separate statutory institution — the Law on Mediation does not use this term and lays down no special rules for parenting plans. In practice, a parenting plan is a structure of agreement in which parents agree in advance on matters of contact with the child, care, maintenance, education and health. Mediation enables the parties to shape such content of their settlement by their own decision — the law leaves the details of the reconciliation to the self-determination of the parties. At the same time, the procedure for referring family disputes to court mediation is governed by civil procedure legislation, under which certain categories are excluded — for example, cases connected with adoption and with the restriction of parental rights are not subject to court mediation. Before starting mediation, it is therefore important to determine whether your dispute falls under this procedure.