Issue 6 (2017)

THE SCOPE OF THE AUTHORITY OF THE JUDGE IN THE COURT MEDIATION PROCEEDINGS

Authors:

Abstract: By offering the court mediation institute, the state takes the responsibility towards the citizens, by limiting their autonomy. In addition, the correct determination of the authority of the judge in the court mediation proceedings, defi nitely determines the effectiveness of the process. So far, the issues, connected with the mediation, have not been regulated in Georgian legislation. So, the issue of the judge’s scope of authority in the court mediation process is not regulated as well. But the fact is that, the constantly growing demands of the legal profession, shows the need to make the proper changes in the legislation, in order to comply with the modern standards. So, the analyses below, vindicates, that the existing regulation can not be regarded as complete and the existence of the concrete gaps is visible. Considering the necessity to make the changes in the legislation, the concrete alternatives been suggested. Each suggested regulation will help in the process of the perfection of the authority of the judge in the court mediation proceedings that will help in the process of the implementation of the basic principles of civil law.

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