Important Steps Taken to Establish the TSU Institute of Mediation
25 May, 2013
The practice of alternative dispute resolution – mediation - is becoming very well-known in Georgia. TSU is making a significant contribution to the establishment of the practice of mediation. Mediation is a low-cost and rapid way to solve disputes. Its a procedure based on the free will of the disputing parties. During the process, a specially trained third person, the mediator, systematically promotes communication between the parties to reach an agreement based on both plaintiffs’ self-accountability. The mediation process is confidential, voluntary, and relatively inexpensive compared to court proceedings, and it better meets the interests of both parties. Despite some drawbacks, the practice demonstrates that 95% of civil disputes are resolved through mediation in the USA. In Georgia, relevant legislative changes were carried out at the end of 2011 to permit mediation. According to TSU Academic Council resolution #109, in October 2011, a “National Center for Alternative Dispute Resolution’’ was established on the basis of a Memorandum of Understanding (MoU) between Tbilisi State University, South Texas College of Law (Houston) and the East-West Management Institute (EWMI).
The National Center for Alternative Dispute Resolution is an educational-scientific unit within Tbilisi State University and receives financial support from USAID within the framework of its Judicial Independence and Legal Empowerment Project, according to an agreement between Tbilisi State University and the East-West Management Institute (EWMI).
According to the MoU, South Texas Collage of Law will take the necessary measures to develop the Mediation Center, will share its own experience and will support faculty exchange programs. This includes training and research activities by Georgian students and legal professionals. East-West Management Institute supports the issues of long-term project planning and management as well as recruiting local and foreign experts for the development of continuing legal education. Along with TSU, East-West Management Institute also ensures financial and technical support for the university.
The Center employees have made an academic visit to Houston and professors from South Texas Collage of Law, who actively participated in the establishment of mediation centers and creating legislative frameworks in various US states, also visited Georgia. The visiting professors held seminars and meetings with Georgian professors and practicing lawyers. To establish the Center, they worked out recommendations specific to the existing situation and to Georgian culture. They subsequently drafted an academic course for Georgian professors.
According to Tea Imedadze, Director of the National Center for Alternative Dispute Resolution at TSU, the Center has several activities planned: The Center’s number one priority is to support the development of legal education and will establish courses in mediation and dispute resolution both at the BA and MA levels; it will establish modern study methods and a course in legal ethics. A Mediation Clinic is being created at TSU where students will have the chance to have hands-on experience with actual clients. The Center plans to retrain professors, teachers, organize international conferences, national student competitions in mediation, and civil lawyers’ skills and competencies.
According to the Director the key aim of founding the new Mediation Center and the Clinic is not only to provide an excellent education for students but to raise public awareness about mediation. It is vitally important to promote the Center, which will make it easier to establish the practice of mediation in everyday life.
The second direction of the center is to develop a legal framework for alternative dispute resolution in Georgia including an Institute of Mediation and other mechanisms to resolve disputes. In December 2011, according to an amendment to the Civil Procedure Code of Georgia, a compulsory court mediation procedure was established in number of contexts such as family, neighborhood and inheritance disputes. Accordingly, it became necessary to acquire qualified staff, which is not available in Georgia at present.
The TSU Center is actively involved in a pilot project for court mediation. In May 2012 a memorandum was signed between the Center, the High Council of Justice of Georgia, the Tbilisi Civil Court, the Deutsche Gesellschaft für Internationale Zusammenarbeit’’ (GIZ) and the East-West Management Institute . In compliance with this memorandum, the Center takes an active part establishing court mediation including hiring mediators. At the same time Center employees are drafting legislative changes.
According to Imedadze, state agencies have expressed significant interest in the Center. The Ministry of Justice of Georgia, The Chamber of Notaries, the National Bureau of Law Enforcement, and the Revenue Service are all beginning to manage dispute resolution through alternative mechanisms. The TSU Center and all persons engaged in the mediation program are creating a joint concept to establish unified standards. The American partners are supporting Georgian lawyers in this endeavor.
Imnadze points out that “the Center’s objectives such as creating courses, retraining professors and other activities will not only serve TSU interests. The skills and programs will be offered to all law schools in Georgia. Our aim is to unite all the education centers interested in mediation behind TSU and to share our experience and training received with the help of foreign partners”.
In order to support the creation of the Center and raise public awareness, the Center plans to release an electronic journal by the end of the year. According to the Director there may be a printed version of the journal, which will be an addition to the journal of the Faculty of Law. It will outline information and news on alternative dispute resolution, relevant articles, professional approaches to mediation, conference reports, etc. The Center would like to encourage student engagement in the publication.
The National Center for Alternative Dispute Resolution is an educational-scientific unit within Tbilisi State University and receives financial support from USAID within the framework of its Judicial Independence and Legal Empowerment Project, according to an agreement between Tbilisi State University and the East-West Management Institute (EWMI).
According to the MoU, South Texas Collage of Law will take the necessary measures to develop the Mediation Center, will share its own experience and will support faculty exchange programs. This includes training and research activities by Georgian students and legal professionals. East-West Management Institute supports the issues of long-term project planning and management as well as recruiting local and foreign experts for the development of continuing legal education. Along with TSU, East-West Management Institute also ensures financial and technical support for the university.
The Center employees have made an academic visit to Houston and professors from South Texas Collage of Law, who actively participated in the establishment of mediation centers and creating legislative frameworks in various US states, also visited Georgia. The visiting professors held seminars and meetings with Georgian professors and practicing lawyers. To establish the Center, they worked out recommendations specific to the existing situation and to Georgian culture. They subsequently drafted an academic course for Georgian professors.
According to Tea Imedadze, Director of the National Center for Alternative Dispute Resolution at TSU, the Center has several activities planned: The Center’s number one priority is to support the development of legal education and will establish courses in mediation and dispute resolution both at the BA and MA levels; it will establish modern study methods and a course in legal ethics. A Mediation Clinic is being created at TSU where students will have the chance to have hands-on experience with actual clients. The Center plans to retrain professors, teachers, organize international conferences, national student competitions in mediation, and civil lawyers’ skills and competencies.
According to the Director the key aim of founding the new Mediation Center and the Clinic is not only to provide an excellent education for students but to raise public awareness about mediation. It is vitally important to promote the Center, which will make it easier to establish the practice of mediation in everyday life.
The second direction of the center is to develop a legal framework for alternative dispute resolution in Georgia including an Institute of Mediation and other mechanisms to resolve disputes. In December 2011, according to an amendment to the Civil Procedure Code of Georgia, a compulsory court mediation procedure was established in number of contexts such as family, neighborhood and inheritance disputes. Accordingly, it became necessary to acquire qualified staff, which is not available in Georgia at present.
The TSU Center is actively involved in a pilot project for court mediation. In May 2012 a memorandum was signed between the Center, the High Council of Justice of Georgia, the Tbilisi Civil Court, the Deutsche Gesellschaft für Internationale Zusammenarbeit’’ (GIZ) and the East-West Management Institute . In compliance with this memorandum, the Center takes an active part establishing court mediation including hiring mediators. At the same time Center employees are drafting legislative changes.
According to Imedadze, state agencies have expressed significant interest in the Center. The Ministry of Justice of Georgia, The Chamber of Notaries, the National Bureau of Law Enforcement, and the Revenue Service are all beginning to manage dispute resolution through alternative mechanisms. The TSU Center and all persons engaged in the mediation program are creating a joint concept to establish unified standards. The American partners are supporting Georgian lawyers in this endeavor.
Imnadze points out that “the Center’s objectives such as creating courses, retraining professors and other activities will not only serve TSU interests. The skills and programs will be offered to all law schools in Georgia. Our aim is to unite all the education centers interested in mediation behind TSU and to share our experience and training received with the help of foreign partners”.
In order to support the creation of the Center and raise public awareness, the Center plans to release an electronic journal by the end of the year. According to the Director there may be a printed version of the journal, which will be an addition to the journal of the Faculty of Law. It will outline information and news on alternative dispute resolution, relevant articles, professional approaches to mediation, conference reports, etc. The Center would like to encourage student engagement in the publication.