Circumstances Excluding the Enforcement of Mediation Settlements Under the Legislation of Georgia and the Member States of the European Union
DOI:
https://doi.org/10.48614/adr.2020.2021.118-151Keywords:
Mediation, Mediation Settlement, Enforcement, Accessibility of Mediation, Legal Force of Settlement, Legal Nature of Settlement, Regulation of Mediation in the Member Countries of the European Union, Recognition and Enforcement of International Mediation Settlement.Abstract
Mediation settlement is the final product of mediation. It represents the action of mediation in practice and the result of the whole process depends on it. It is considered that the degree of enforcement of the mediation settlement is higher than the judgment, because, unlike the latter, it is based on compromise and voluntary self-restraint.[1] However, entrusting the destiny of mediation settlement with the parties’ kind will is not enough. “If there are no guarantees for enforcing settlements reached through the mediation, every advantage of the mediation will lose significance.“.[2] The purpose of the article is to estimate circumstances that exclude the enforcement of mediation settlement under the basis of a comparative analysis of the mediation acts and civil procedural legislation of Georgia and the member states of the European Union, examine circumstances that prevent enforcement, analyze the issue of enforcement of the international mediation settlement and outline alternative perspectives of regulation.
[1] Susmann E., The Final Step: Issues in Enforcing the Mediation Settlement Agreement, Newsletter of the Mediation Committee of the International Bar Association, Vol. 2, №1, 2006, 2.
[2] Barnabishvili G., Tsiklauri S., Enforcement of the Mediation Settlements in Georgia, Journal “Alternate Dispute Resolution – Yearbook 2017“, Special Edition, TSU Publishing, 2018, 9 (in Georgian).
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