The USAID Rule of Law Program is working to expand the usage of court-annexed mediation and to raise awareness of mediation among lawyers.
Thus, the Program, in partnership with the Mediators Association of Georgia (MAG) and the Georgian Bar Association (GBA), kicked off a series of Mediation Talks. The Talks are peer-to-peer meetings among lawyers who have had experience representing clients in mediation with those who have not yet had that experience.
On February 16, 2023, the Program invited twenty Tbilisi-based GBA member lawyers for the first such meeting.
In coordination with MAG, the Program invited attorneys Irakli Kordzakhia and Tea Cheishvili, who have been acting as mediators for several years, to share their experience on: When in the process do they advise clients of mediation? How do they advise them and how do they navigate concerns of being seen as “weak” when opting for mediation? How do they structure and negotiate their fees related to representation in mediation? What are the other benefits of a client settling a dispute through mediation? How to draft a mediation or a multi-tier dispute resolution (med-arb) clause?
“Lawyers play crucial role in the promotion of mediation, as clients trust them and will follow their advice on whether to opt for mediation. Lawyers’ preparation and their perception of mediation also impacts how efficient or unhelpful they will be in the process. The best way for lawyers to learn of and trust the process is to hear from their peers who have already tried it and become its frequent users.” – said Sophie Tkemaladze, USAID Rule of Law Program ADR Advisor in her welcome remarks.
“We need lawyers to fully appreciate the process of mediation so that they properly inform their clients of this process and represent them efficiently in mediation when needed. These meetings create a safe environment where lawyers can freely ask questions, share their expectations and/or skepticism for the process, and hear from those lawyers who have experience referring and representing their clients in mediation.” – said Irakli Kandashvili, MAG Chair.
The Program is planning to have several such meetings in Tbilisi as well as in Gori, Mtskheta, Kutaisi, Batumi and Telavi.