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სამედიაციო მორიგების აღსრულება საქართველოში
Date Issued
2020
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Abstract
With the increase in human rights and duties in modern society, the number of disputes are increasing, which in our reality leads to a reshuffle of the judiciary. The mediation process is an alternative to dispute resolution, which offers litigants a much faster and less costly trial. Therefore, the legal regulation of the mediation institute is becoming more and more important. The most important part of the mediation process is the implementation of mediation arrangements, which is not a very specific issue in the Georgian legislative space, so in the personal opinion of the author of the paper, this topic requires separate legal research. The introductory part of the paper gives us a very general idea of the institution of mediation in Georgia, and the main part of it is devoted to determining the specifics of the implementation of mediation arrangements in our country. The paper identifies certain issues of enforcement of mediation arrangements in the context of private, notarial and judicial mediation, however, in parallel with the discussion of all three mediation processes, the content of the relevant norm of Georgian legislation is interpreted. The paper states that the specifics of the private mediation process are legally very difficult to determine, due to the lack of specific norms on the subject, the latter leaves a wide space for legal interpretation, therefore, in the private mediation process, the author's opinion is presented in the paper on the implementation of the settlement, and in some cases the analogy of the law is used. In contrast to the private mediation process, the relevant norms of specific normative acts are defined and interpreted in the part of enforcement of mediation arrangements within the framework of notarial and judicial mediation.
In parallel with the study of the implementation of mediation arrangements in the Georgian legal space, it was considered necessary to conduct a small research and analysis on the legal models of other countries. In this context, a general overview of the model of law of one of the fundamental countries of continental Europe - the Republic of Germany was carried out, after which it was compared with the Georgian mediation model. In addition, the study found it interesting to determine the implementation model of the US mediation settlement. Naturally, conducting a full-fledged study on the mediation legislation of this country is a very complex issue, which is why the paper discusses the mediation model of several states and compares it with the Georgian legislation...
In parallel with the study of the implementation of mediation arrangements in the Georgian legal space, it was considered necessary to conduct a small research and analysis on the legal models of other countries. In this context, a general overview of the model of law of one of the fundamental countries of continental Europe - the Republic of Germany was carried out, after which it was compared with the Georgian mediation model. In addition, the study found it interesting to determine the implementation model of the US mediation settlement. Naturally, conducting a full-fledged study on the mediation legislation of this country is a very complex issue, which is why the paper discusses the mediation model of several states and compares it with the Georgian legislation...
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Giorgi Bagaturia Samagistro.pdf
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სამედიაციო მორიგების აღსრულება საქართველოში
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