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Mediation is a process based on the interests of the parties, which increases the mediator's rights to the extent permitted by the disputing parties. The story of the apple heart and rind related to mediation also seems to be easily understood, but, at the same time, it is considered to be a complex problem. In collective disputes, the right of the Minister of Labor, Health and Social Affairs to receive a report from a mediator comes in collision with the requirement of the normative act to the mediator to keep confidential all information entrusted to him during the mediation process. In fact, this regulation requires a change to specify clearly what type and amount of information a mediator is required to provide to a minister. Also in This work is explained the legitimate grounds for breach (break) of confidentiality. in the course of obligation to disclose information by another court decision, the court should only require the disclosure of information directly related to the case from the mediation participants. At the same time, the restriction that information should be disclosed only to an adequate and proportionate extent to a lawful purpose can be considered as a useful tool for the protection of a legitimate purpose – the confidentiality of information. Ultimately one of the important functions of a mediator for the successful completion of mediation in business disputes is to focus on the interests of the parties.
Mediation is a process based on the interests of the parties, which increases the mediator's rights to the extent permitted by the disputing parties. The story of the apple heart and rind related to mediation also seems to be easily understood, but, at the same time, it is considered to be a complex problem. In collective disputes, the right of the Minister of Labor, Health and Social Affairs to receive a report from a mediator comes in collision with the requirement of the normative act to the mediator to keep confidential all information entrusted to him during the mediation process. In fact, this regulation requires a change to specify clearly what type and amount of information a mediator is required to provide to a minister. Also in This work is explained the legitimate grounds for breach (break) of confidentiality. in the course of obligation to disclose information by another court decision, the court should only require the disclosure of information directly related to the case from the mediation participants. At the same time, the restriction that information should be disclosed only to an adequate and proportionate extent to a lawful purpose can be considered as a useful tool for the protection of a legitimate purpose – the confidentiality of information. Ultimately one of the important functions of a mediator for the successful completion of mediation in business disputes is to focus on the interests of the parties.
The presented article is dedicated to the trends of development of Georgian private law from the 90s to our days. In the scientific work are considered several essential legal reforms in the direction of both general private law and special branches of private law (labor law, corporate law). Accordingly, the article explores the grounds for legislative changes, their negative and positive sides. The purpose of the research is, first of all, to determine what are the features of common law and the law of continental Europe, then to determine which of them were reflected in the legislative changes implemented in Georgian private law, and with what specificity. Accordingly, the article analyzes the tendencies of private law development in Georgia with regard to legal reforms. The research confirms that most of the legislative changes served as a departure from Soviet rules, which was considered as a difficult task. At the same time, the reforms were aimed at bringing them closer to European standards and improving national legislation, although it became clear that the implementation of separate changes was based on the influence of American law too.
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