Best ADR Mediation & Arbitration Lawyers in Tbilisi

About ADR Mediation & Arbitration Law in Tbilisi, Georgia

In Tbilisi, Georgia, Alternative Dispute Resolution (ADR) is increasingly recognized as an effective method in resolving conflicts outside of traditional court proceedings. ADR includes two primary methods: Mediation and Arbitration. In Mediation, an impartial mediator facilitates dialogue between disputing parties, whereas in Arbitration, an arbitrator, similar to a judge, makes a ruling after hearing arguments and viewing evidence presented by the parties. Georgia's legal framework, including the Law on Arbitration and the Civil Procedure Code, provides systemized procedures for both Mediation and Arbitration.

Why You May Need a Lawyer

If you are involved in a conflict that you wish to resolve outside of court, it may be beneficial to consult a lawyer experienced in Mediation and Arbitration in Tbilisi. Lawyers can provide you with information on your legal rights, guide you through the ADR process, facilitate negotiations, represent you at Arbitration proceedings, and advise you on enforcement procedures post-conflict resolution. Not to mention, legal expertise can assist in drafting and interpreting ADR agreements.

Local Laws Overview

The Law on Arbitration governs the Arbitration in Georgia, which applies to both domestic and international disputes. It is based on the UNCITRAL Model Law on International Commercial Arbitration. As for Mediation, it is a new aspect of Georgian legislation; its updated framework is regulated by the Law on Mediation and Civil Procedure Code of Georgia. It’s important to note that in Arbitration, the decision is binding, whereas in Mediation, the resolution is usually mutually agreed upon between the parties.

Frequently Asked Questions

1. When should I consider ADR?

ADR is often considered when disputes arise in business transactions, property issues, or conflicts among organisation members. Consult with a lawyer to understand if ADR is the right approach for your situation.

2. Where can ADR proceedings take place?

ADR proceedings can take place at any agreed location that is neutral, convenient, and suitable for all parties involved.

3. Can a court overturn an arbitrator's decision?

Typically, court intervention is minimal in Arbitration cases. However, there are specific circumstances where a court can set aside an arbitrator’s decision, such as when there was a lack of agreement or the decision contravenes public policy.

4. Is Mediation legally binding?

Mediation is not legally binding unless parties involved agree to make the resulting agreement enforceable in a court of law.

5. Can I use an attorney during Mediation?

Yes, you can involve an attorney during the Mediation process for advice and guidance. However, keep in mind that the mediator cannot provide any legal advice.

Additional Resources

Potential resources include the Georgian International Arbitration Centre (GIAC), a key institution administering domestic and international Arbitration, and the Georgian Mediation Association, which provides information on certified mediators in Georgia. The Georgian Ministry of Justice also provides resources and policy framework updates on ADR.

Next Steps

If you need legal assistance in Mediation or Arbitration in Tbilisi, Georgia, it is advisable to consult with a specialized lawyer or law firm with experience in ADR processes. They will help you understand the procedure, your rights, and potential outcomes better. Remember to prepare all necessary documents and information related to your dispute to make the process smoother.