Employment mediation is a civilized and effective method for resolving conflicts between employers and employees. In Georgia, labor relations are often characterized by tension arising from dismissals, delayed wages, or changes in working conditions. Court litigation regarding employment cases can drag on for years, resulting in significant financial and emotional costs for both parties. Mediation offers an alternative: with the help of a neutral mediator, parties attempt to reach an agreement that satisfies the interests of both sides. This process facilitates not only the resolution of a specific dispute but also the restoration of future working relationships or, in the case of termination, an amicable separation. Legal.ge allows you to connect with qualified employment mediators who will assist you in achieving a fair outcome.
What Does Employment Mediation Cover?
Employment mediation covers a wide range of disputes at both individual and collective levels. The mediator acts as an independent facilitator and does not take sides. Services include:
- Wrongful Termination Disputes: Resolving conflicts regarding the legality of dismissal, severance pay, or reinstatement.
- Wage and Salary Disputes: Settling issues related to unpaid wages, bonuses, overtime pay, and final settlements.
- Discrimination and Harassment Issues: Handling sensitive disputes related to alleged discrimination, bullying, or sexual harassment in the workplace confidentially.
- Changes to Employment Contracts: Disputes concerning alterations to work schedules, location, or job duties/functions.
- Collective Labor Disputes: Negotiations between trade unions and employers regarding collective bargaining agreements (Note: there is a specific state mechanism for collective disputes, but private mediation is also an option).
Real-World Scenarios Where You Need an Employment Mediator
Imagine a scenario where a company undergoes restructuring and lays off an employee who believes the decision is unfair. Instead of suing in court, the parties can turn to a mediator to agree on a decent severance package and a letter of recommendation, allowing the employee to quickly move on with their career and the company to avoid reputational damage. Another example is a dispute over overtime pay: employees claim they systematically work late without compensation. A mediator helps the parties calculate the disputed hours and develop a payment schedule. Conflicts between a manager and an employee on a personal level that hinder work are also common; mediation helps restore communication and improve the work environment.
Georgian Legal Framework
Employment mediation in Georgia is regulated by the "Organic Law of Georgia — Labor Code" and the "Law of Georgia on Mediation". The Labor Code pays special attention to the mediation of collective disputes, where the involvement of a state mediator is a mandatory procedure before the right to strike arises. Regarding individual employment disputes, the Labor Code and the Civil Procedure Code give parties full freedom to use private mediation at any stage of the dispute. The "Law on Elimination of All Forms of Discrimination" is also relevant when the dispute concerns equality violations. The Law on Mediation ensures that the process is confidential and the agreement reached is enforceable.
The Process Step-by-Step
The employment mediation process begins with a referral — one party (often the employee) proposes mediation to the other, or the court refers a filed case to mediation (judicial mediation). After the appointment of a mediator, individual meetings are held with each party to reduce emotional tension and clarify real interests. The next stage is a joint session, where parties discuss the problem in a constructive environment. The mediator helps them find a solution. If an agreement is reached, a mediation settlement agreement is drawn up, defining the parties' obligations (e.g., payment of compensation, reinstatement). This document is binding, and failure to comply leads to enforcement.
Why Choose a Specialist on Legal.ge?
Employment disputes are often emotionally charged and require not just a lawyer, but a skilled negotiator. On Legal.ge, you will find specialists with experience in both labor law and conflict management. Our platform allows you to choose a neutral mediator who commands the trust of both parties. Find specialists on Legal.ge and resolve employment conflicts with dignity, speed, and confidentiality.
Updated: ...