About this service
Mediation justifies expectations when the settlement reached is genuinely enforceable — and this quality is born before the process begins. Articles 8, 9, 13 and 13-1 of the Law on Mediation assemble precisely this route: the mediator's explanatory duty, the form and signatures of the settlement, court enforcement of a settlement from private mediation, and the recognition of international settlements. Our service accompanies parties from negotiating enforceability to the court motion.
What a party must know about enforcement before the process begins
Article 8 obliges the mediator, before the mediation begins, to explain to the parties the principles of conducting the process, the mediator's role, the parties' rights and duties, the possible outcomes and — the decisive detail — the enforcement rules of the mediated settlement composed as a result of the parties' agreement, as well as the procedure and terms of remuneration. This duty stands so early because the enforcement perspective is the currency of negotiating terms: a party that knows how the settlement will be enforced frames its concessions differently. Moreover, the duration of mediation is not limited unless the agreement or the law provides otherwise, and the parties must be afforded sufficient time and opportunity — the precision of the terms is born precisely in that time. A party may participate directly or through a representative, and the mediator ensures equality between the parties — this environment creates a fair balance of terms and directly affects the quality of the settlement.
The form of the settlement: what an enforceable document is called
Article 9 builds the formal foundation of enforceability: the drafting of the mediated settlement is ensured by the parties or their representatives, and the mediator may assist; the settlement is made in writing and is signed by the parties and by the mediator. The mediation is considered completed upon the parties' written agreement to end the dispute by mutual accord — meaning the day the settlement is concluded is itself the moment the process completes. At a party's request, the mediator issues a document confirming the completion of the mediation, which later also performs the function of evidence in a procedural context.
Court enforcement of a settlement from private mediation
Article 13 opens the court route for a settlement composed as a result of private mediation: such a settlement may, on the basis of the parties' agreement, be enforced by the court; either or both parties may apply to the court for enforcement on the basis of that agreement. The court examines the enforcement issue under the rules established by this law and the civil procedure legislation. In practice this means: the parties' will and the court's control complement each other — the settlement is born by mutual accord, but the exercise of its force can also be carried out by the state's machinery.
Recognition and enforcement of international settlements
Article 13-1 builds the international dimension: an international mediated settlement may, on the basis of an application by one or both parties, be recognised and enforced by the court, and the court holding competence for this recognition and enforcement is the Supreme Court of Georgia. The Supreme Court examines the issue in accordance with the rules established by this law and the civil procedure legislation. Thus a settlement reached abroad is recognised in Georgia through a separate procedure of a high instance — and this route deserves advance planning.
Frequently asked questions
These are the questions parties raise most often about enforcing settlements, and the answers come directly from the statutory text.
How is a settlement from private mediation enforced?
On the basis of the parties' agreement, by application to the court — submitted by either or both parties — and the court examines the issue under this law and the civil procedural rules.
Who recognises an international mediated settlement?
The Supreme Court of Georgia — on the basis of an application by one or both parties, in accordance with the rules established by this law and the civil procedure legislation.
Why do the settlement's signatures matter?
The settlement is made in writing and is signed by the parties and by the mediator — this form is precisely the foundation on which the subsequent enforcement mechanism is built.
When can the enforcement rules of mediation be understood?
Before the process begins — the mediator must provide this information to the parties so that the negotiation of terms proceeds with the enforcement perspective in view.
How We Help on Legal.ge
We draft the settlement project so that its enforcement through the court is realistic — with exact observance of form and signatures; before the process begins we help you understand the enforcement rules so that concessions are made informed; for a settlement from private mediation we prepare the application to the court; and for the recognition of an international settlement we file with the Supreme Court on a complete documentary foundation. Contact us — and the settlement will remain a result, not a paper.