Employment dispute mediation is a civilized, fast, and less costly way to resolve conflicts, where a neutral third party (mediator) helps the employer and employee reach an agreement. Georgian legislation, especially for collective disputes, even mandates mediation procedures. For individual disputes, mediation is voluntary but highly effective. Unlike court litigation, which focuses on the past and "who is right," mediation focuses on the future and interests. This allows parties to preserve relationships or part ways amicably.
The mediation process is confidential, which is critical for company reputation. Specialists featured on Legal.ge are certified mediators and lawyers with negotiation experience. They will help you prepare your position for mediation, develop a strategy, and sign a settlement agreement that is legally enforceable.
What does the Employment Dispute Mediation service cover?
- Representation in Mediation: Defending the client's (employer or employee) interests during mediation sessions and negotiations.
- Mediator Selection: Choosing a qualified and neutral mediator from the registry of the Mediators Association of Georgia.
- Drafting Settlement Agreements: Creating a legally sound text for the settlement terms that satisfies both parties.
- Enforcement Assurance: Submitting the mediation agreement to the court to make it an enforceable document.
- Collective Dispute Mediation: Managing negotiations with trade unions or employee groups with a state-appointed mediator.
- Conflict Analysis: Identifying the real causes of the dispute and offering creative solutions (e.g., recommendation, compensation, training).
Common scenarios requiring this service
A typical scenario is the dismissal of a top manager who has access to confidential information. Litigation is damaging to the company. Mediation allows finding a "golden mean" between compensation and confidentiality obligations. Another scenario is a collective dispute over wage increases, where a mediator is needed to prevent a strike. A third case involves a discrimination claim where parties desire confidentiality and an apology along with financial compensation.
Georgian Legal Framework
The field is regulated by the Law of Georgia on Mediation and the Labor Code (Chapter XII - Collective Disputes). The Labor Code obliges parties in a collective dispute to undergo mediation procedures before striking. For individual disputes, mediation is voluntary, though the court may refer a case to mediation (court mediation).
Step-by-step service process
The process begins with initiating mediation (offering it to the other party). If agreed, a mediator is appointed. Preparatory and joint sessions are held. The lawyer helps the client set realistic expectations. Upon reaching an agreement, an act is signed, which is binding.
Why choose a specialist on Legal.ge?
Mediation saves time, money, and stress. On Legal.ge, you will find lawyers focused on results rather than endless proceedings. They will help you end the conflict on a "Win-Win" principle.
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