About this service
The value of mediation is captured in the final document: the mediated settlement is the written act whose performance is mandatory, and whose quality determines whether it will later be enforced through the court if necessary. Articles 8, 9 and 10 of the Law on Mediation assemble the rules around exactly this document: what the mediator must explain to the parties before the process begins, who drafts the settlement and who signs it, and how the fact of the settlement can be proven within the confidentiality regime. Our service helps parties prepare precisely this document with quality.
What must be known before the mediation begins
Article 8 obliges the mediator, before the mediation begins, to explain to the parties the principles of conducting the process, the mediator's own role, the parties' rights — including the right to participate through representatives — their duties, the possible outcomes of the mediation and, decisively for this page, the enforcement rules of the mediated settlement composed as a result of the parties' agreement, as well as the procedure and terms of the mediator's remuneration. This freedom becomes a practical instrument: a drafting rule agreed in advance raises the quality of the settlement before the process even begins. This means the substantive clarity arises not when the document is written but before the process begins: a party must know how the settlement it signs will be enforced before it starts negotiating its terms. Moreover, the parties may agree on a procedure for conducting the mediation that is not established by law — including how the final document is drafted and developed.
Who drafts the settlement and who signs it
Article 9 answers this question clearly: the drafting of the mediated settlement is ensured by the parties or their representatives; the mediator may assist the parties in drafting it, but the authors of the document are the parties alone — the mediator has no right to decide the dispute. The form requirement is twofold: the settlement is made in writing and is signed by the parties and by the mediator. This composition of signatures leaves no room for error: a document left without the mediator's signature does not satisfy the law's requirement. Under the same article, one of the grounds of completion of the mediation is the parties' written agreement to end the dispute by mutual accord — and at a party's request the mediator issues a document confirming the completion of the mediation, which also serves to evidence the very existence of the process.
Confidentiality and proving the fact of the settlement
Article 10 gives the mediation process and the information deriving from it a broad confidentiality regime, but defines a targeted exception precisely in connection with the document's fate: the confidentiality obligation does not apply where information is submitted to prove the fact that a mediated settlement was drawn up, when the other party contests or denies that fact. In other words, where the existence of the settlement itself becomes disputed, proving its existence is permitted. At the same time, the confidentiality obligation continues to operate after the mediation ends, and the mediator is obliged to provide the parties, before the mediation begins, with information about this obligation and its scope. The practical conclusion is simple: the settlement should be written so that proving its existence is both possible and straightforward, while the details of the process remain protected.
Frequently asked questions
These are the questions parties raise most often about drafting a mediated settlement, and the answers come directly from the statutory text.
Who writes the draft of the mediated settlement?
The drafting is ensured by the parties or their representatives; the mediator may assist. The decision must be the result of the parties' free, independent and informed will.
Whose signatures are mandatory?
The settlement is made in writing and is signed by the parties and by the mediator. Omitting the mediator's signature deprives the document of the law's form requirement.
How should the settlement be written so that it is enforced?
Before the mediation begins, the mediator explains precisely the enforcement rules of the settlement — this knowledge should be used when framing the terms, so that the document is performable and hard to dispute.
Can the existence of the settlement be proven?
Yes — the confidentiality regime is lifted for this purpose: submitting information is permitted to prove the fact that the settlement was drawn up, where the other party contests or denies that fact.
How We Help on Legal.ge
We will prepare a draft mediated settlement that precisely satisfies the law's form requirements — written form, signatures of the parties and the mediator; reflects performable terms and deadlines; preserves confidentiality where it is needed and leaves open the possibility of proof where the fact may become contested. Before the mediation begins, we also help you think through the questions whose explanation is entrusted to the mediator — including the enforcement rules of the settlement. Contact us and receive a document that is worth the effort.