About this service
After a claim has been filed, transferring the case to a mediator is a real mechanism built into civil proceedings: the dispute remains within the court's examination, yet its resolution is entrusted to a mediator. Articles 187-1, 187-2, 187-3 and 187-5 of the Civil Procedure Code assemble this mechanism — which disputes are subject to court mediation, who decides the question of transfer, and within what time limits the process runs. Our service helps parties navigate this civil-procedural mechanism and represents them within it: from choosing the right strategy before filing a claim to steering the position while the mediation runs.
How the case is transferred to a mediator
Article 187-1 provides that, after a claim has been filed with a court, a case subject to court mediation may be transferred to a mediator, with the agreement of the parties to the dispute, for the purpose of ending it by mutual accord. The ruling on the transfer is not subject to appeal — this decision is final, and spending resources on challenging it is not worthwhile. Article 187-2 then builds the legal basis of the mechanism: with respect to cases subject to court mediation, the rules established by the Law on Mediation apply, taking into account the peculiarities of the Code — that is, the process runs under the general regime of mediation, with the specifics of the court form.
Which disputes may be transferred to a mediator
Article 187-3 defines the circle precisely. Court mediation may extend to family-law disputes — except those connected with adoption, its annulment and cancellation, with the restriction or termination of parental rights, as well as disputes connected with violence against women or domestic violence; inheritance-law and neighbour-law disputes; labour disputes, except collective ones; disputes connected with the realisation of a right in common; property disputes where the value of the subject of the dispute does not exceed 20000 lari; disputes arising from loan agreements concluded by banks, microfinance organisations and non-bank deposit-taking institutions, including electronic loan agreements, where the value does not exceed 10000 lari; non-property disputes; and any other dispute — where the parties consent. In this last case, the dispute may be transferred to a mediator at any stage of the examination. For the listed categories, the judge preliminarily assesses the circumstances of the case and takes the decision on transfer without the parties' consent, whereas if private mediation has already been used for the same dispute and ended unsuccessfully — with the parties' consent.
The time limit of court mediation
Article 187-5 gives the process a clear time frame: the time limit of court mediation is 45 days, during which at least 2 meetings must be held. The term begins to run from the moment the case is allocated to the mediator — that is, not from the filing of the claim, but from the moment the case reaches the particular mediator. By agreement of the parties, this term may be extended by the same period, which in practice means a further reserve of 45 days for complex disputes. Upon expiry of the term, the mediation ends and the case returns to the court's docket.
Frequently asked questions
These are the questions parties ask most often about the court mediation mechanism, because they determine whether choosing this route is worthwhile.
Can the ruling on transfer to a mediator be appealed?
No — the ruling on the transfer of a case to a mediator is not subject to appeal. A party's energy is better spent steering its position within the mediation than seeking review of that decision.
Which property disputes are subject to court mediation?
Property disputes where the value of the subject of the dispute does not exceed 20000 lari. For disputes arising from loan agreements with banks, microfinance and non-bank deposit-taking institutions, the threshold is 10000 lari.
Is the parties' consent required for the transfer?
It depends on the category: for the disputes listed, the judge preliminarily assesses the circumstances and decides without consent, while any other dispute is transferred with the parties' consent; where private mediation has ended unsuccessfully, court mediation is transferred with the parties' consent.
How long does court mediation last?
45 days, with at least 2 meetings to be held during that period; the term runs from the moment the case is allocated to the mediator and may be extended by the same period by agreement of the parties.
How We Help on Legal.ge
We will assess whether your dispute falls within a court mediation category and whether this route is worth choosing compared with court examination; we will prepare your position for the mediation — with objectives, limits of concession and a draft settlement; we will represent you at the meetings and keep the time limits under control; and once a settlement is reached, we will make sure the mediated settlement is in writing and formalised with all the necessary signatures. Contact us before filing a claim or while it is pending — and receive a concrete recommendation.