Family mediation is a form of resolving by mutual agreement the disputes that arise within family relationships — over the way of life, contact with children, maintenance or property matters. In Georgia the process is regulated by the Law on Mediation: Article 1 defines the scope of the law, Article 2 its basic concepts, and Article 3 the principles on which mediation rests. On this page we explain how these foundations operate in the context of a family dispute and what family members should know before starting the process.
The Scope of the Law and the Types of Mediation (Article 1)
The Law on Mediation was adopted to encourage the alternative resolution of disputes and 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 private mediation conducted on the basis of an agreement on mediation, and to court mediation defined by the Civil Procedure Code. The law also contains special exclusions: it does not apply to notarial mediation, to mediation provided for by the Code of Juvenile Justice, or to the mediation of collective disputes provided for by the Labour Code. For a family dispute this means that the general regime of mediation applies: private mediation starts by agreement of the parties, while court mediation proceeds in the manner established by the Civil Procedure Code — after a claim has been filed with the court and the court has transferred the case to a mediator.
The Basic Concepts — Who Is Who in Mediation (Article 2)
Article 2 defines the circle of participants. Mediation is a process, whatever its name, by means of which two or more parties, with the assistance of a mediator, attempt to end a dispute by mutual agreement — regardless of whether the process was started at the parties’ initiative or on a basis and in a manner provided for by law. Private mediation is conducted at the initiative of the parties, on the basis of an agreement on mediation, without the transfer of the case by a court; court mediation takes place after a claim is filed with the court, where the court transfers the case to a mediator. The participants in mediation are the mediator, the parties, their representatives and a third party; a party may be a natural person, a legal person or an organisation without legal personality. A third party is a person who is not a party and who takes part in the process under the agreement on mediation or in cases provided for by law; the agreement on mediation is the parties’ written agreement to apply for mediation when a dispute arises between them. The mediator is a natural person registered in the unified registry of mediators who agrees to conduct mediation, whatever his or her status and manner of election or appointment. The unified registry is maintained by the Association of Mediators of Georgia — a legal entity of public law created on the basis of this law — and the registry is the common list of the Association’s members. The outcome of the process is recorded in a mediation settlement — a written document whose performance is mandatory.
The Principles on Which Family Mediation Rests (Article 3)
Article 3 lists the principles: voluntariness of the parties (except in cases provided for by law), self-determination, good faith and equality, the protection of confidentiality, and the independence and impartiality of the mediator. For a family dispute these principles carry particular weight: voluntariness means that a party enters the process by its own decision; self-determination means that the terms of the settlement are shaped by the parties themselves, not by the mediator or the court; and equality means that the negotiating positions must not rest on imbalance. The law also provides that issues arising during the process which are not regulated by the law must be resolved precisely on the basis of these principles.
Frequently Asked Questions
Below we answer the questions most frequently asked about family mediation.
Who may be a party to the mediation of a family dispute?
A natural person, a legal person or an organisation without legal personality — anyone who takes part in the process in order to end the dispute with the other party by mutual agreement. In a family dispute these are primarily family members.
What is the difference between private and court mediation?
Private mediation proceeds at the parties’ initiative, on the basis of an agreement on mediation, without the participation of a court; court mediation takes place after a claim has been filed, through the transfer of the case to a mediator by the court.
Is a mediation settlement binding?
Yes. A mediation settlement is a written document on the termination of the dispute by mutual agreement, the performance of which is mandatory.
Does the law lay down special family rules?
No — the law contains no separate chapter for family disputes; the general concepts and principles of mediation apply, while the categories of referral to court mediation are established by procedural legislation.
How We Help on Legal.ge
The Legal.ge team helps families start mediation correctly: we explain the difference between private and court mediation, help you draft the agreement on mediation, prepare negotiating positions, and make sure the process does not breach the principles of equality and confidentiality. Contact us for a consultation — we will review your situation and help you bring the dispute to a peaceful end.