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27 Jan 2023

American Judge James Redwine Discussed Family Law-related Procedures with Georgian Colleagues

USAID Rule of Law Program-invited American Judge James Redwine delivered a session to the Batumi City Court (BCC) judges and court staff on family law-related procedures and shared experiences about the tools he introduced at his court while serving as a judge. 

The participants were introduced to the purpose of a Court Mission Statement. They were also introduced to samples of “Pre-Pre-Trial Orders,” Pre-Trial Orders, Court Trial Orders, and Scheduling Orders that set out procedures for both family and non-family cases. The session also included a group exercise for identifying and developing a Mission Statement for Batumi City Court.

According to BCC Chairman Jumber Bezhanidze, the session was very interesting “in particular, because of its practical application.” 

Sharing his US experience, Judge Redwine said: “I think a Mission Statement is critical to a court’s proper vision. So, I sat down with my four court reporters and asked for their input on what we wanted to accomplish as a court. We identified several goals for ourselves and our court. The highest goal was to help create a better place to live, a better community. We also wanted a court that respected itself and the people whom life had brought to us for justice. By using the procedures, we developed through the innovative use of legal rules already at our disposal but had not been applying, we facilitated citizens to solve many of their legal issues.” 

“My court philosophy, as set forth in its Mission Statement, is to encourage parties, without outside input, to first try their best to settle all disputes voluntarily and on their own. All of the sample orders I prepared set out procedures for both family and non-family cases that are adjusted to Georgian legislation, and the possible legal basis for each of these orders is identified to make sure that employing these orders is allowed under the Georgian legislation. I have found that this process greatly aids the court in docket planning and further forces the parties to have discussions that often bring settlement”- he added. 

BCC Judge Khatuna Bolkvadze said "After the session, I started thinking about my Court Mission. I believe that my mission is for the parties to understand they can always find truth in court, but the main thing is to listen to each other and reach a compromise. They should understand that winning a case isn't always a priority, but to find a common ground with the opposing party and to continue living peacefully."

Judge Redwine also spoke about mediation, including the advantages of court-annexed and court-ordered mediation. The session concluded with a role-playing exercise, with Batumi City Court judges and court staff participating in and observing the mediation process in a domestic relations case. 

“When properly employed and fully implemented in the Common Courts of Georgia, mediation can help reduce case backlog, reduce the time between when cases are filed and when they are resolved, save valuable court time, and most importantly, make Georgia a more pleasant place to raise a family, even if that family is no longer an intact unit. I know you need more judges and court staff. I know you need more and better court facilities. But those are long-term goals over which you have little influence. However, due to recent changes in the law, you have more authority to initiate mediation, including judge-centered dispute resolution. I can tell you when I instituted a mediation program in my court, the Bar Association, which at first resented it, came to love it and so did the public.” – said Judge Redwine. 

"The meeting was very informative and important for improving our skills, particularly the procedural issues related to family disputes and the mediation component” – commented Zinaida Abashidze, Writer Assistant to the BCC Judges.

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