Employment mediation enables an employee and an employer to end a disagreement arising from the employment relationship with the help of a mediator, without court proceedings. In Georgia this process is regulated by the Law on Mediation, whose Article 1 defines the scope of application, Article 7 the way mediation starts, and Article 12 the suspension of the running of the limitation period during private mediation. On this page we explain how these norms operate in an employment dispute, which employment disputes fall under this regime, and what you should expect if the relationship reaches conflict.
The Scope of the Law over Employment Disputes (Article 1)
The Law on Mediation determines the principles of conducting mediation, the rules of organisation and operation of the professional association of mediators, the powers of a mediator, and the rules of recognition and enforcement of international mediation settlements. The law applies to mediation conducted on the basis of an agreement on mediation, and also to court mediation defined by the Civil Procedure Code. The boundary is important, however: the law does not apply to notarial mediation, to mediation provided for by the Code of Juvenile Justice, and — decisively for employment disputes — to mediation provided for by the Labour Code for the examination and resolution of a collective dispute. This means that individual employment disputes fall under the general regime of this law, while a collective labour dispute follows the special conciliation procedures reflected in the Labour Code.
The Start of Mediation and the Role of the Court (Article 7)
Under the first paragraph of Article 7, the precondition for starting mediation is an agreement on mediation or the transfer of the case to a mediator by a court or another authorised body on a basis provided for by law or at the parties’ request. Mediation starts on the basis of an application to the mediator by the parties or one of them, or as a result of the transfer of the case by the court, and is considered started from that moment. At a party’s request the mediator issues a document confirming the start of the mediation — in an employment dispute this document is often needed to confirm cooperation with the court or the employer. Where, under the agreement on mediation, the parties undertake not to apply to a court or arbitration before the fulfilment of defined conditions, the court or arbitration will not examine the dispute until those conditions are met, except where the claimant confirms that without examination it will suffer irreparable harm. A party has the right to refuse participation at any stage of the mediation.
Suspension of the Limitation Period During Private Mediation (Article 12)
For employment claims the time factor is critical, and this is exactly why Article 12 matters: from the moment private mediation starts, the running of the limitation period provided for by the Civil Code is suspended. The running is considered suspended until the private mediation ends, but for no longer than 2 years from the start of the private mediation. Where the private mediation ends without result, the time during which the running was suspended is not counted within the period. In practice this means that an employee who starts mediation over dismissal, remuneration or another employment claim does not lose the claim due to limitation — the period does not run during the mediation.
Frequently Asked Questions
Below we answer the questions most frequently asked about employment mediation.
Does the Law on Mediation extend to every employment dispute?
No. The law does not apply to the mediation provided for by the Labour Code for the examination and resolution of a collective dispute — a collective dispute follows a special procedure. Individual employment disputes, by contrast, fall under the general regime of this law.
How does the mediation of an employment dispute start?
Through an agreement on mediation and an application to the mediator, or through the transfer of the case to a mediator by the court. Mediation is considered started from the moment of the application or transfer, and at a party’s request the mediator issues a confirming document.
Can one leave the mediation?
Yes. A party has the right to refuse participation at any stage of the mediation, unless otherwise provided by law or by the agreement on mediation. This is part of the principle of voluntariness.
Does the limitation period lapse because of the mediation?
No. From the start of private mediation the running of the period is suspended until the mediation ends, but for no longer than 2 years from its start; where it ends without result, the suspended time is not counted within the period.
How We Help on Legal.ge
The Legal.ge team helps both employees and employers resolve employment disputes through mediation: we explain the scope of the law and its boundary with the collective-dispute procedure, help you prepare the agreement on mediation, formulate the claims, and protect your position taking into account limitation and other deadlines. Contact us for a consultation — we will assess your situation and map the most effective route to ending the dispute.