A mediation clause is the contract term by which the parties agree in advance that a dispute between them, existing or future, will be resolved through a mediator rather than immediately litigated. Georgian law on mediation attaches specific legal effects to this agreement: it is a precondition for starting mediation, it deflects the dispute away from court and arbitration for the agreed period, and it protects information disclosed during the process. This page explains Articles 7, 10 and 12 of the Law on Mediation.
Start of Mediation and the Confirmation Document
Under Article 7, mediation may be started on the basis of an agreement on mediation, or on another basis provided by law, namely the transfer of the case to a mediator by a court or another authorised body at the parties' request. Mediation begins when the parties, or one of them, apply to the mediator, or as a result of such transfer. Mediation is deemed started from the moment of the application to the mediator or the transfer of the case, and at a party's request the mediator issues a document confirming the start of mediation.