ADVANTAGES OF MEDIATION IN CIVIL DISPUTES

Abstract

The paper is devoted to the features and advantages of using mediation in civil disputes. First of all, the article discusses the experience of some foreign countries (Germany, Lithuania, Estonia, etc.) in the field of mediation, and then aims to determine whether Georgian mediation is based on the model of any country or whether it differs in any specifics in Georgia. The article discusses the unique and extensive possibilities of mediation in resolving civil disputes. Consideration of the case in court is based on the consideration of legal issues, mediation is not limited to the consideration of legal issues; Non-legal aspects can also be analyzed during mediation. Thus, it is a flexible and informal process that gives the parties maximum freedom to discuss any issue of interest to them and takes into account their interests. The mediation process can be limited only by the interests of the parties and the mediator’s creative methods. In this way, the parties have control over the process and results of mediation. The paper confirms that mediation in Georgia is based on a rather narrow model. In fact, the Georgian legislator lays the development of mediation on practice and gives freedom of action to the mediator, although he stipulates that this freedom is limited by the will of the parties. Accordingly, the mediation process should be carried out in compliance with the principle of voluntariness of the parties. Mediation is particularly attractive to businesses because of its benefits. For the parties, the confidentiality of the mediation process, saving time and financial resources, maintaining economic relations between the parties, focusing on positive aspects, and a favorable situation for both parties are important. Mediation is aimed at the self-determination of the parties, which helps to prepare the necessary ground for the settlement of the dispute. In addition, mediation can help prevent future disputes.