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2 Kultura-Społeczeństwo-Edukacja

2 Bibiluri M.

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Mediacja jako metoda rozwiązywania konfliktów międzynarodowych

100%

Bibiluri M.

tom 9

nr 1

107-120

The presented article is aimed at reflecting usage of mediation as a form of international conflicts settlement and at revealing its factors, at the example of the case of conflict in Abkhazia, Georgia. The article is a hypothesis on to what extend international or regional organizations act as effective mediators during mediation process. Attempt of conflict regulation and work of the mediation platform created after Russian-Georgian war are discussed. The theory discussing main variables for evaluating international mediation represented in mediation literature have been used for evaluating mediation factors. The article shows the level of mediation effectiveness in international conflicts, when it is not clear which are the conflicting sides; it shows that when there is an influential country, considering its capabilities, it has enough power to act as effective mediator, only in case if it does not have direct interest in the conflict. We have concluded that mediation can be effective only when it is clear which the conflicting sides are. It is considered that international organizations cannot be effective in conflict resolution when a conflict is in cold phase.

Mediation in Georgia. Development perspectives and challenges

100%

Bibiluri M.

Kultura-Społeczeństwo-Edukacja

2020

tom 18

nr 2

411-421

The article discusses the legal and systemic issues of the creation of a modern mediation institution in Georgia. It discusses Georgia’s historic experience traditions of settlements of disputes by means of peaceful methods, part of which are still preserved in the high mountainous regions of the country. In 2013, the country was also introduced to the mediation for settlement of collective labour disputes, which is implemented by active involvement from the government. Already existing statistics demonstrate that mediation in the given sphere is effective and actually serves for the settlement of disputes between employers and groups of employees. In 2019, Georgia adopted the law on mediation, which regulates the issue of private mediation conduction andexecution of achieved agreements. Mediators training and professional development system were created. By the adoption of the given Law ended the almost eightyear phase of mediation legal and institutional regulation,which, according to the opinion of the author of the article, was a process prolonged in time. Unified Law could have been adopted at the early stage of the reform which would have made the process of extensive usage of mediation in the country faster. As reason for introduction of mediation institution in Georgia is named the obligations of the country in the process of integration with the European Union, overloading of civil courts in the country and prolonged disputes.