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USAID RULE OF LAW PROGRAM
USAID სამართლის უზენაესობის პროგრამა

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20 Dec 2023

Mediators and Arbitrators Share Experiences

On December 19, 2023, the USAID Rule of Law Program, in collaboration with the Mediators Association of Georgia (MAG) and the Georgian Association of Arbitrators (GAA), organized the first experience-sharing meeting between mediators and arbitrators.

In his welcoming remarks, USAID Rule of Law Program Chief of Party, Giorgi Chkheidze, emphasized the crucial role Alternative Dispute Resolution (ADR) can play in addressing the current challenge of court overloading faced by the system. He stated, "The program's top priority is to support ADR-related activities, as mediators and arbitrators play an important role in the development of the justice system, in facilitating access to justice."

Rusudan Chkuaseli, Chairperson of GAA, highlighted how important it is for the two associations to cooperate She emphasized through collaboration they can achieve common goals, such as improving the legislative system, increasing awareness among the public and lawyers, and facilitating access to justice, ultimately accelerating economic processes in the country. This is the ultimate goal of the professionals involved in providing ADR services.

MAG Chairman, Irakli Kandashvili, emphasized the importance of regional perspectives in ADR efforts, advocating for the involvement of regional businesses, judges, and attorneys from neighboring countries.

During the meeting, over 20 participants heard from the experts in the field including, GRATA International Georgia Partner and Mediator Irakli Kordzakhia, Program expert and Resolve Partner Sophie Tkemaladze, Chief Lawyer at Georgian International Arbitration Institution Davit Edilashvili, and Foresight Investment Group Legal and Corporate Officer and MAG Ethics Commission Member Veko Dodashvili. They shared experiences from their practice, discussing the growing tendency among arbitration users to explore mediation before resorting to court. The speakers also talked about the following topics: the new practice of the International Chamber of Commerce to actively promote mediation and offer a multi-door and user-oriented dispute resolution mechanism to its clients; the importance of having a multi-tiered dispute resolution in a contract signed with clients; mediation advocacy and the necessary skills of lawyers to represent clients during mediation; and challenges related to the involvement of lawyers who lack information about mediation.

The event concluded with a session led by Sophie Tkemaladze on drafting a dispute settlement clause.

As a result of this event, mediators and arbitrators learned that a hybrid approach, combining mediation and arbitration (med-arb or arb-med), could be beneficial by allowing for more flexible and tailored dispute resolution processes. 

The Chairpersons of both MAG and GAA signed a memorandum for future cooperation at the conclusion of the event.

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