Mediation in Georgia

On January 1, 2020, the Law of Georgia on Mediation entered into force. This represents an unprecedented reform in Georgia in recent years.
In order to promote and create appropriate conditions for alternative dispute resolution, the Law of Georgia on Mediation defines the principle of mediation, the rules for the establishment and functioning of a professional association of mediators, the powers of mediators, and other matters related to mediation.
The Law of Georgia on Mediation applies to mediation conducted on the basis of a mediation agreement, as well as to court mediation conducted in accordance with Chapter XXI¹ of the Civil Procedure Code of Georgia, taking into account the specific features of that Code.
The Law of Georgia on Mediation does not apply to notarial mediation provided for by the Law of Georgia on Notaries, mediation and notarial mediation provided for by the Law of Georgia on the Improvement of Cadastral Data and the Procedure for Systematic and Sporadic Registration of Rights to Land Plots within the framework of a state project, mediation provided for by the Juvenile Justice Code of Georgia, or mediation provided for by the Organic Law of Georgia and the Labour Code of Georgia for the purpose of reviewing and resolving collective disputes.

The Law of Georgia on Mediation distinguishes between two forms of mediation:

• court mediation — mediation initiated after a claim has been filed with a court in accordance with the procedure established by the Civil Procedure Code of Georgia, where the court refers the case to a mediator;
• private mediation — mediation initiated by the parties to a conflict on the basis of a mediation agreement, where the dispute is not referred to a mediator through the court.
  A prerequisite for initiating mediation is a mediation agreement and/or the referral of a case to a mediator by a court or another authorized body under the conditions established by law, or in response to a request by the parties.
  Mediation must be initiated on the basis of an application by the parties to the conflict, or by one of the parties, to a mediator and/or, in cases provided for by law, as a result of the referral of the case to a mediator by a court or another authorized body in response to a request by the parties.
  Where there is a mediation agreement in which the parties to the conflict have agreed not to apply to a court or arbitration before the expiry of a certain period or the occurrence of certain conditions, the court or arbitral tribunal shall not hear the dispute until such conditions of the mediation agreement have been fulfilled, unless the claimant proves that he or she will suffer irreparable harm as a result of the absence of court or arbitration proceedings.

Court mediation may be applied to:

• family disputes, except for disputes related to adoption, annulment of adoption, revocation of adoption, restriction of parental rights, deprivation of parental rights, as well as violence against women and/or domestic violence;
• disputes related to inheritance;
• neighbor disputes;
  • disputes related to labour law, except for collective disputes under the Organic Law of Georgia, the Labour Code of Georgia;
  • disputes related to the exercise of the right of joint ownership;
  • property disputes where the value of the subject matter of the dispute does not exceed 20,000 Georgian lari;
  • disputes arising from loan agreements, including loans concluded in electronic form, entered into by banking institutions, microfinance organizations, and non-bank deposit institutions in Georgia, where the value of the subject matter of the dispute does not exceed 10,000 Georgian lari;
  • non-property disputes;
• any other disputes — with the consent of the parties.

An agreement concluded as a result of mediation may, with the consent of the parties, be enforced by a court. One of the parties, or both parties, may apply to the court with a request to ensure the enforcement of the agreement concluded as a result of mediation.