Facilitation and mediation

Founders of Resolve, being experienced facilitators and accredittedmediators, shall themselves engage and manage the negotiation process. We can also engage you on which process, mediation or facilitation, is better suited to your needs.

Facilitation and Mediation are processes which enable parties  to have efficient and structured negotiation. These processes help the parties to have a constructive dialogue and reveal solutions suited to their interests.  Both of these processes are flexible and are governed by the facilitation or mediation rules chosen by the parties, and in case of mediation, additionally, by the Law of Georgia on Mediation.The fees of the facilitator and mediator shall be compensated as set out in the respective rules.

• Facilitation – a process in which the facilitator will help parties conduct a negotiation or have a constructive discussion.

Facilitation is suited for situations when parties are not yet in dispute, i.e. they are not yet adversaries; rather both of them acknowledge the difficulty of the situation and understand the importance of engaging in a negotiation or a discussion, adaptation of their relationships and finding of solutions.  The third party neutral – the facilitator - will help the parties use their time and resources efficiently and focus on finding potential solutions. The process will be conducted in accordance with the rules of facilitation agreed by the parties, or offered by Resolve. The result of parties’ negotiation or a discussion may be an action plan, a renegotiated contract, or another type of solution which they manage to achieve.

• Mediation – a process, in which an acreditted mediator shall engage in the negotiation to help the parties resolve an existing dispute.

Mediation is suited when the relationships between the parties are so tensed, that they take each other as adversaries and use legal arguments to oppose and blame each other. The mediator will help them uncover their needs and interests, create and consider options, assess risks and find a solution which may be suitable to the interests both of the parties. The process will be conducted in accordance with the rules of mediation agreed by the parties, or offered by Resolve, as well as the Law of Georgia on Mediation. The settlement reached with the engagement of an accredited mediator may be subject to confirmation by the court upon which a write of execution may be issued.