Mediation

Mediation is a flexible and voluntary dispute resolution technique, which aims at solving the dispute through mutual agreement. A mediator – third party neutral – assists the parties in reaching a negotiated settlement of the dispute. Unlike an arbitrator, the mediator does not decide the case and unlike a lawyer s/he does not give legal advice regarding the possible outcomes of the case. Throughout the entire process the parties themselves make decisions about settlement terms. They have a possibility to exchange the options of possible solutions in confidential environment and generate the alternatives for settlement. The role of a mediator is to assist the parties in interest exploration, self-determination and facilitation of constructive negotiation. The settlement agreement reached through mediation can be complied with voluntarily or can be enforced through Georgian courts.

Mediation allows parties to better identify their own interests, as well as understand business needs of the counterparty. It is oriented to find the win-win solution. Mediation results in settlement only if both parties agree with its terms.

Mediation can be a valuable tool for any type of dispute, especially for those that involve ongoing commercial dealings, long-term partnerships, and when parties wish to solve challenging aspects quickly and focus on future.

Mediation administered by GIAC is conducted pursuant to GIAC Mediation Rules.

If mediation is conducted via distant means of communication (online) GIAC’s Online Mediation and Facilitation Protocol will also apply.

Mediator is appointed from the GIAC’s List of Mediators.

Party or parties wishing to initiate mediation procedure, need to fill in and send the relevant mediation application to GIAC Secretariat via email at mediation@giac.ge