What Mediation in a Labour Dispute Means
Mediation of an employment dispute is an institution defined by the Georgian Labour Code that exists precisely on the collective track. Under Article 63 of the Code, a collective dispute — a dispute between an employer and a group of employees (not fewer than 20 employees) or between an employer and an employees' association — must be resolved through conciliation procedures between the parties, meaning direct negotiations or mediation where one of the parties sends the relevant written notice to the Minister.
Mediation may be commenced at any stage of the negotiations: a party may send the Minister written notice aimed at reaching agreement and appointing a dispute mediator, and that notice is transmitted to the other party the same day. On the basis of the application the Minister appoints a dispute mediator in accordance with the rule approved by a normative act of the Government of Georgia, and in cases of high public interest may even do so on the Minister's own initiative.
The Mediator's Regime and the Parties' Duties
The effectiveness of mediation rests on the discipline the law imposes. The parties are obliged to participate in the conciliation procedures and to attend the meetings held by the dispute mediator; on the Minister's request the mediator must also submit a report on the dispute. The decisive element of the mediator's status is confidentiality: the mediator may not disclose information or documents that became known in that capacity — which is what gives the parties a basis for candid negotiations.
The procedure may be discontinued by the Minister's decision at any stage of the dispute, and the parties may also agree to refer the dispute to arbitration — mediation is not the only route through a dispute but one of its lawful stages.
Enforcing the Agreement Through the Court
An agreement reached through mediation is a legally complete document: a party to the dispute may apply to the court for its enforcement, and in that enforcement the rules established by the Georgian Civil Procedure Code apply. The court refuses enforcement of a mediation agreement only where its content contradicts Georgian legislation or the public order existing in Georgia, or where, following from its content, performance is impossible. The outcome of mediation remains on paper only where the parties themselves allow it.
The Individual Dispute — Where the Boundary Runs
It must be said plainly: for an individual employment dispute the law provides no mediator. An individual dispute is resolved through direct negotiations: one party sends the other a written notice with precise demands, the reply is due within 10 calendar days, and if no agreement is reached the court route opens after 14 calendar days. This boundary is exactly the information a client of a mediation service needs from the outset.
What Does Not Apply in Georgia
The framework of the European mediation directives and their procedural institutions does not automatically carry over into Georgian labour law — in the Georgian context the Code's own machinery operates: a mediator appointed by the Minister, a duty of attendance and an agreement enforceable through the court. That machinery, and not imported models, must be the basis for planning mediation.
The mediation mechanism is described in detail: at any stage of the negotiations a party may send the minister written notice concerning the appointment of a mediator, and the notice is forwarded to the other party the same day. The minister appoints the mediator under the rules approved by a normative act of the government, and where a high public interest exists — on the minister’s own initiative, without any party’s request. The parties must attend the meetings held by the mediator; the mediator may not disclose information that became known in that capacity and, at the minister’s request, reports on the dispute. At any stage the parties may also agree to transfer the dispute to arbitration.
Frequently Asked Questions
Below we answer the questions most frequently asked about mediation.
Which disputes count as collective?
A dispute between an employer and a group of employees — not fewer than 20 employees — or between an employer and an employees' association. Only such disputes have the lawful route of mediation.
Who appoints the mediator?
The Minister, on the basis of a party's written notice, in accordance with the rule approved by a normative act of the Government; in cases of high public interest, on the Minister's own initiative as well.
Is attendance at the mediator's meetings mandatory?
Yes. The parties are obliged to participate in the conciliation procedures and to attend the meetings held by the dispute mediator.
What force does a mediation agreement have?
Its enforcement may be sought from the court under the rules of the Civil Procedure Code; the court refuses only agreements contrary to law, to public order, or impossible to perform.
How We Help on Legal.ge
The Legal.ge team stands with you along the entire mediation path: we assess the nature of the dispute and the lawful availability of mediation, draft the written notice for the Minister, conduct the negotiations with the mediator, shape the agreement in an enforceable form and, where necessary, invoke the court's power to enforce it. Contact us — a properly structured mediation saves both the time of the dispute and the relationship.