About this service
A mediator's trustworthiness rests on three pillars: transparency about circumstances that may threaten independence, the confidentiality of the process, and professional accountability. Articles 6, 10, 15-1 and 15-2 of the Law on Mediation assemble exactly these pillars — in which cases a person may act as mediator, what information remains protected, and who holds a mediator answerable for an ethics violation and how. This page orients both mediators and parties in applying these rules.
The disclosure duty and the bars on activity
Article 6 obliges the mediator, before the mediation begins or at any stage of its progress, immediately upon the emergence of a circumstance that may cast doubt on the mediator's independence and impartiality, to inform the parties of that circumstance; despite such a circumstance, the person may still be a mediator if the parties consent in writing. At the same time, even with the parties' consent, a person may not be a mediator in a case where, before the process began, that person was a party to the same or a substantially related case, or represented such a party in court, arbitration or a similar process, or provided the party with other legal or audit services; nor may the person act after the case ends to protect a party's interests in the same or a related case. The law also bars from mediation a person who was a judge, juror, prosecutor, investigator, court session clerk, arbitrator or expert in the same case, or participated as a civil servant or notary-mediator — and conversely, having been a mediator closes those roles in the same case. One exception exists: where the person examined the case as an arbitrator and the parties, after the disputed issue arose, agreed in writing to elect that person as mediator, the bar is lifted.
The duty to protect confidentiality
Article 10 gives the process a broad confidentiality regime: both the mediation itself and information that became known during or substantially derives from the process are confidential. Participants may not use that information in court or arbitral examination; the mediator may not convey to a party information disclosed during individual communication, except with the other party's explicit consent. The law defines the exceptions to this regime: protection of a person's life or health, securing liberty, or protection of the best interests of a minor; submission to prove the fact that a mediated settlement was drawn up; performance of an obligation assumed before the mediation; disclosure envisaged by a court decision or another decision of mandatory force; the needs of investigating an especially grave crime; disclosure of the content of the settlement for its enforcement; protection of the legal interests of the person disclosing the information; and the prior knowledge or public availability of the information. Even in these cases the information must be disclosed to the maximum limited extent. The mediator explains the scope of confidentiality to the parties before the mediation begins, and the duty continues to operate after the mediation ends.
The ethics commission and disciplinary liability
Article 15-1 gives professional accountability its institution. The ethics commission is composed of 9 members, elected by the general assembly of the Mediators Association for a 4-year term; the candidates who receive more votes than the others are deemed elected. The commission elects its chair from among its members by secret ballot, by a majority of the list composition, for a 4-year term, and a person may be elected chair consecutively only twice. The commission acts independently: it verifies information received about a mediator, studies its validity and decides the question of imposing disciplinary liability; an anonymous letter or communication cannot become the basis for examining that question. Article 15-2 builds the appeal route: a mediator has the right to appeal a decision on a disciplinary sanction to the Disciplinary Chamber of the Supreme Court of Georgia within 30 days of its delivery; the complaint is filed with the ethics commission, and within 7 days of its receipt the commission's chair transfers the file together with the complaint to the Chamber.
Frequently asked questions
In practice these questions about a mediator's duties and liability arise earliest, and their answers allocate the risks in advance.
Can a person who previously represented a party act as mediator?
No — if before the mediation began the person was a party in the same or a substantially related case, represented a party in court, arbitration or a similar process, or provided legal or audit services to a party, acting as mediator is barred even despite the parties' consent.
Does confidentiality survive the end of the mediation?
Yes — the duty continues to operate after the mediation is completed, unless a written agreement between the parties and the mediator provides otherwise. Exceptions are limited to the cases defined by law.
Who decides a mediator's disciplinary liability?
The ethics commission of the Mediators Association — a body of 9 members elected for a 4-year term. The commission verifies information, studies its validity and takes decisions in the Association's name.
How does a mediator appeal a sanction?
By a complaint to the Disciplinary Chamber of the Supreme Court within 30 days of delivery of the decision on the disciplinary sanction; the complaint is filed with the ethics commission, which transfers the file to the Chamber within 7 days of receipt.
How We Help on Legal.ge
For mediators, we help administer the disclosure duty and the bars on activity correctly, assess the confidentiality exceptions and provide defence before the ethics commission or the Disciplinary Chamber. For parties, we help identify possible violations of a mediator's independence, apply the confidentiality regime in practice and, where necessary, choose the correct format for reacting to a mediator's conduct. Contact us and receive an assessment of your specific situation.