Mediation rules

1. Definition

1.1. Mediation- For the purpose of the Georgian Association of Mediators Mediation Rules mediation is a flexible settlement technique, conducted privately and confidentially, in which a mediator acts as a neutral facilitator to help the parties try to arrive at a negotiated settlement of their dispute. The parties have control over both the decision to settle and the terms of any settlement

1.2. Party- natural or legal person(s) who believe that their rights have been violated and appeal mediation to dispute resolution.

1.3. Bona fide mediation (Mediation in good faith)-parties in the mediation process agree to make a good faith effort to resolve their conflict, which means to make an honest endeavor to participate in communications or conferences with the other party with the purpose of reaching a mutually acceptable settlement.

1.4. Mediator - An individual listed and authorized by the Georgian Association of Mediators to conduct mediation process according to these rules.

1.5. Mediation fees - Mediator's Fee is a charge for the mediator's services.

1.6. Mediation agreement- A document setting down the conditions under which the mediation will take place, including confidentiality, authority to settle and privilege.

1.7. Mediation settlement- any resolution of the Dispute in whole or in part will not be binding until the parties have recorded their terms of settlement in writing in a document which is signed by all parties or their authorized representatives before the conclusion of the mediation and a copy provided to each party.

1.8. Co mediation- Co-mediation is a mediation that uses two or more mediators. The mediators work as a team to assist the parties in resolving their conflict.

1.9. Caucus mediation-If Parties have not agreed otherwise, mediator(s) meets with each side separately in a series of confidential, private meetings and begins exploring settlement alternatives, by engaging the parties in some reality testing of their initial proposals.

2. Role of the Mediator

2.1. The Mediator(s) shall be independent of, and act fairly and impartially as between the parties.

2.2. The Mediator(s) shall assist the parties to negotiate between themselves a mutually acceptable resolution of the Dispute, by:

  1. Helping the parties to identify and define the issues in dispute.
  2. Resolving or narrowing the issues in dispute,

Implementing a procedure which is aimed at achieving resolution of the Dispute quickly, fairly and cost-effectively;

  1. as the facilitator of direct negotiations between the parties.

2.3. The mediator(s) may conduct the mediation in such manner as he or she sees fit, having in mind at all times the circumstances of the case and the wishes of the parties.

2.4. If there is not any other agreement between parties the mediator may communicate with the parties orally or in writing, together, or individually, and may convene a meeting or meetings at a venue to be determined by the mediator after consultation with the parties.

2.5. Nothing which is communicated to the mediator(s) in private during the course of the mediation shall be repeated to the other party or parties, without the express consent of the party making the communication.

2.6. It is not the role of the mediator(s) to give legal advice or to represent any party. The parties should obtain their own advice concerning their situation, the mediation process and any contemplated agreement

2.7. A mediator(s) shall not be liable to any party for any act or omission in connection with any mediation conducted.

3. Role of the Parties

3.1. The parties shall do all things reasonably necessary for the proper, expeditious and cost-effective conduct of the mediation.

3.2. Each party shall:

  1. be expected to participate bona fide in the Mediation process;
  2. to take turns speaking and not interrupt each other.
  3. to call each other by our first names, not "he" or "she."
  4. not to blame, attack, or engage in put-downs and ask questions of each other for the purposes of gaining clarity and understanding.
  5. not dwell on things that did not work in the past, but instead will focus on the future we would like to create .
  6. comply without delay with any direction made on procedural matters;

g. if not appearing in person:

(i) be represented at any Preliminary Meeting by a person or persons with authority to agree on procedural matters;

(ii) be represented at any Mediation Meeting by a person or persons with full and unfettered authority to settle the Dispute unless, prior to the Mediation Meeting, it has disclosed to the Mediator and each other party the nature of any limitation on that authority and the procedure required to obtain that party’s approval to settle the Dispute

4. Appointment of Mediator

Both parties will select or jointly nominate Mediator(s). In absence of a joint nomination of a mediator by the parties, Georgian Association of Mediators shall after consulting with the parties, either appoint a mediator(s) or propose a list of mediators to the parties. The mediator(s) will be considered appointed if both parties will select at least one same candidate.

5. Removal of the Mediator

Where a Mediator(s) is(are) unable to perform his/her duties or fails to perform his/her functions or there is conflict of interests Georgian Association of Mediators shall remove the Mediator(s) and appoint a new Mediator(s) in accordance with Article 4. Before removing the Mediator(s), Georgian Association of Mediators shall solicit the views of the parties and the Mediator(s).

6. Preliminary Conference

6.1. Unless otherwise agreed by the parties, the Mediator(s) shall convene a Preliminary Meeting with the parties, in person or by teleconference, to be held as soon as practicable after reference of the Dispute to mediation.

6.2. The purpose of the Preliminary Meeting is for the parties, with the assistance of the Mediator(s), to:

a. Discuss and agree on the issues in dispute, or formulate a process by which those issues can be clarified and agreed;

b. Plan and agree on how a negotiated resolution of the Dispute is to proceed including, where appropriate, a timetable for exchange of position papers and other documents and provision of copies to the Mediator(S);

c. Make arrangements, if required, for Confidentiality Agreements to be signed by all persons taking part in the mediation process;

d. Make such other planning and administrative arrangements as may be required for the mediation to proceed, including in respect of the terms of appointment of the Mediator

7.Joint session

7.1. The mediator open the joint session by his or her opening speech. The opening statement includes a brief description of the role mediator and participants and explains the mediation process.

7.2. If there is not any other agreement between parties mediator determines the exact time to each party in which they present a statement of the dispute from his or her perspective.

7.3. If mediator considers fit, he or she communicates with the parties separately according to the article 9 (caucus mediation).

7.4. After communicating with the parties according to the article 7.3. the mediator generates different solutions to resolve the dispute amicably.

7.5. The mediator terminates the mediation process if he considers that despite all efforts from his and parties’ side the settlement seems not to be able.

7.6. If the settlement is achieved mediator helps parties to draft the final agreement.

8. Confidentiality

8.1. All mediation sessions including joint and private sessions shall be confidential, and shall be attended only by the mediator, the parties and those individuals identified pursuant to Article

8.2. Except as otherwise agreed by the parties or permitted by law, any oral or written communications prepared specifically for or expressed in the course of the mediation proceeding are privileged and confidential and shall not be disclosed through any compulsory process and are not admissible as evidence in any judicial or arbitration proceeding.

8.3. Audio or visual recordings of mediation communications, electronic or otherwise, are not permissible. Any documents that are produced as a result of mediation, such as a settlement agreement or summary of decisions reached, may be used by participants in subsequent relevant proceedings

8.4. Neither Georgian Association of Mediators nor the mediator(s) are obliged to keep any documents directly or indirectly connected to the dispute or to the parties. Any documents or evidences information etc. should be deleted immediately after the mediation process is completed with all parties present.

8.5 If a mediator(s) participates in teaching, research or evaluation of mediation, the mediator should protect the anonymity of the parties and abide by their reasonable expectations regarding confidentiality

9. Place

Both parties mutually select a avenue of mediation process, If there is not any other agreement between the parties, Georgian Association of Mediators determine the location of any meeting.

10. Language

If there is not any other agreement between the parties the mediation language is Georgian.

11. Costs

11.1 The administrative expenses for the proceedings shall be fixed at the Georgian Association of Mediators’ discretion depending on the tasks carried out by the Georgian Association of Mediators.

11.2  Where the amount in dispute is not stated, the administrative expenses may be fixed by the appointing authority at its discretion, taking into account all the circumstances of the case, including indications regarding the value of the dispute.

11.3 When using this service Parties are responsible for paying the mediation fees in advance and also for arranging and paying for room hire and other disbursements. Parties do not pay additionally for venue and other disbursements if parties agree to meet with mediators in the premises of the Georgian Association of Mediators

11.4 The parties to a mediation administered by Georgian Association of Mediatorsmust pay all of the mediator's charges, including the mediator's travel and other expenses. The charges shall be specified in the Mediation Agreement and shall be apportioned equally among the parties unless they agree otherwise. Each party shall deposit with Georgian Association of Mediatorsits proportional share of the anticipated mediator charges and expenses, as determined by the Georgian Association of Mediators, prior to the first mediation session.

11.5 Unless otherwise agreed by the parties and the Mediator, the fees of the Mediator shall be calculated on the basis of the time reasonably spent by the Mediator in the proceedings. These fees shall be based on an hourly rate fixed by the Georgian Association of Mediatorswhen appointing or confirming the Mediator and after having consulted the Mediator and the parties. The hourly rate shall be reasonable in amount and shall be determined in light of the complexity of the dispute and any other relevant circumstances.