Chairman of the Georgian Association of Mediators: "We work closely with Nadir Adilov in the field of mediation" - Interview


  • 7 December 2021 21:11

Chairman of the Georgian Association of Mediators, co-author of the Georgian law "On Mediation" Irakli Kandashvili gave an interview to e-huquq.az.

E-huquq.az presents the interview.

- As you know, there is a Mediation Council in Azerbaijan. Activities in this field are already bearing fruit. What do you think, which positive results can be gained through the application of mediation in Azerbaijan?

- The application of mediation in Azerbaijan can yield only positive results. Mediation helps the parties to reach a general agreement on the issues to be disputed, and the mediator helps the parties to reach an acceptable outcome for both parties. Based on this, I think that mediation can yield only positive results, the application of mediation in Azerbaijan should be effective and help the country for future development.

- You also have close friendly relations with the chairman of the Azerbaijan Mediation Council Nadir Adilov. How can these relations contribute to the mutual cooperation and exchange of experience between Azerbaijani and Georgian mediators?

- We have friendly relations with the Azerbaijan Mediation Council. We have two fraternal relations that also cooperate in the field of mediation. I think that our warm relations will also bear fruit in the development of the mediation institution. The law on mediation has been in effect in Georgia for the last three years. We have established the Association of Mediators, which is the European standard of certification, the standard of compulsory professional training of mediators. We are ready to cooperate closely, present our views on issues relevant to the Azerbaijani colleagues, organize conferences together and exchange experiences.

- At present, mediation is used in Azerbaijan in disputes arising from commercial disputes, family and labor relations. What are the fields of mediation in Georgia?

- Mediation in Georgia covers all civil law disputes. Not only commercial, family and labor, but all court and civil disputes are subject to mediation. In Georgia, we have developed two directions: Compulsory court mediation and, of course, non-judicial commercial mediation. Based on this, I can say that the scope of work to be mediated is very wide.

- What is the position of Georgian citizens about mediation? Does mediation work in your country?

- Georgian citizens have a positive attitude to mediation, and mediation in our country gives very good results. It is very important for Georgia that the representatives of our society have a dialogue with each other, develop a culture of dialogue and use it every day. At the same time, the parties establish a relationship before going to court. In this regard, mediation develops peaceful relations between the parties. For Georgia, this is a very important direction for the development of our country and people to be peace-loving.

- Some experts consider mediation as a waste of time. They consider that this institution is unnecessary. Do you see any reality in these ideas?

- I do not agree with experts who think that mediation is a waste of time. They probably do not know all the positive aspects of mediation. It is necessary to work with like-minded experts so that they understand the essence of mediation.If they learn that mediation helps reduce financial costs and loss of time, and most importantly, helps the parties maintain contact, they will not even evaluate mediation.

The parties will get acquainted with the institution of mediation, knowing its advantages, will decide whether to continue mediation or to settle their disputes in court. Mediation helps the parties to fully ensure all this and effectively develop a dialogue policy in the country. Mediation is one of the alternative ways to resolve disputes.

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