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მედიატორის როლი მედიაციის პროცესში: შესაძლებლობები და გამოწვევები
Date Issued
2020
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Abstract
In the research paper - "The Role of the Mediator in the Process of Mediation: Opportunities and Challenges", it is substantiated the importance of the mediation process and the role of the mediator in the course of the research conducted.
The paper points out that the healthy relationship between the country's legal institutions and community groups is very important in resolving the conflict between people, but this situation is not a guarantee that we will avoid any social conflict, because it is a natural aspect of human relations. For centuries, the court has been the main guarantor in administration of justice of disputes and legal disputes between people and / or various social groups in the society. Yet society has always sought to find more effective alternative tools for the administration of justice. The paper focuses on the means of resolving disputes, such as mediation, measures for its effective functioning and development.
It is mentioned the functioning of mediation as an institution in Georgia, examples of its historical evolution, taking into account both Georgian and foreign experience, as well as special attention is paid to the modern concept of the role of mediator, which analyzes the legal acts regulating the mediation process and mediator activities. The paper also discussed and considered issues of professional regulation of mediator activities, as well as the preconditions for admission to the profession of mediator and the issues and standards of establishing and maintaining his professional reputation. The paper focuses on the basic principles of the mediator's activities and the problems associated with their use.
The paper emphasizes that mediation is at the stage of development in Georgia, but it has a tradition and historical experience, which is evidenced by the fact that the mediator had been promoting the peaceful settlement of disputes in Georgia for centuries and its name in paper is mentioned under different names. Therefore, it is considered that the features of the functioning of the Institute of Mediation are not new to our country and it has great prospects for development.
It is noted that the most important place in the mediation process is the mediator's skills, human qualities and professional reputation, which is the main reason for the parties' attitude towards the mediator and the mediation process in resolving disputes. Therefore, there is a need for legal regulation that will detail issues related to the mediator's authority as a mediator, professional skills, and unified standards of ethics.
The paper points out that the healthy relationship between the country's legal institutions and community groups is very important in resolving the conflict between people, but this situation is not a guarantee that we will avoid any social conflict, because it is a natural aspect of human relations. For centuries, the court has been the main guarantor in administration of justice of disputes and legal disputes between people and / or various social groups in the society. Yet society has always sought to find more effective alternative tools for the administration of justice. The paper focuses on the means of resolving disputes, such as mediation, measures for its effective functioning and development.
It is mentioned the functioning of mediation as an institution in Georgia, examples of its historical evolution, taking into account both Georgian and foreign experience, as well as special attention is paid to the modern concept of the role of mediator, which analyzes the legal acts regulating the mediation process and mediator activities. The paper also discussed and considered issues of professional regulation of mediator activities, as well as the preconditions for admission to the profession of mediator and the issues and standards of establishing and maintaining his professional reputation. The paper focuses on the basic principles of the mediator's activities and the problems associated with their use.
The paper emphasizes that mediation is at the stage of development in Georgia, but it has a tradition and historical experience, which is evidenced by the fact that the mediator had been promoting the peaceful settlement of disputes in Georgia for centuries and its name in paper is mentioned under different names. Therefore, it is considered that the features of the functioning of the Institute of Mediation are not new to our country and it has great prospects for development.
It is noted that the most important place in the mediation process is the mediator's skills, human qualities and professional reputation, which is the main reason for the parties' attitude towards the mediator and the mediation process in resolving disputes. Therefore, there is a need for legal regulation that will detail issues related to the mediator's authority as a mediator, professional skills, and unified standards of ethics.
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Lasha Tsverava Samagistro.pdf
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მედიატორის როლი მედიაციის პროცესში: შესაძლებლობები და გამოწვევები
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