მედიაციის ინსტიტუტის ინტეგრირება საქართველოს საკანონმდებლო სივრცესა და პრაქტიკაში

The state is a body focused on constant development. One of the most important sources of constant development is the renewal of the legislation, which should be directed to the establishing the knowledge gained through best practice and approaching the ideal model. The creation of the ideal model should create guarantee of the fair law, which may be measured not by “objective vision”, which is created by a unit of subjective opinions, but it should be the protection of each person’s rights. There is often a flaw of law, when it doesn’t conform to the protection of the rights of the parties in an individual dispute, and its enforcement limits much greater good that can be protected. Of course, it doesn’t mean ignoring the laws, but rather it gives the best practice, which is the key to the development. However, beyond that, it is possible to use an opportunity to resolve it through an institution adapted to the individualism of dispute, the consequences of which must, of course, be in accordance to the law and the desire of the parties.
The means of resolving the dispute are selected according to its content. That is why it is important to maximize the use of each distinctive feature of each institution, and thus to determine the diversity of alternative ways of resolving disputes and to take care of their continuous development.
The subject of research is the Institute of Mediation and its development in Georgia. In addition to the above-mentioned reasons, the urgency of the issue was also conditioned by the many years of practice of the Institute of Mediation, which includes both formal and informal experience, described in traditional law. The manifestation of the peculiarities of Mediation is the bridge towards the goal of maximizing the use of its advantages, which strengthens the features of the field in the legal world. Although the institution of mediation actually existed, it still retains the status of a "novelty" in Georgia today...