The role of mediation as mechanism for the amicable settlement of disputes is growing in the modern legal sector. Mediation is an alternative dispute resolution mechanism in modern law, and the ...Committee of Ministers of the Council of Europe recommended to use it in administrative disputes in 2001*. Mediation as the alternative dispute resolution mechanism is actively applied in civil disputes in Georgian legal sector, although it has not gained popularity in administrative disputes. Overwhelmed courts with administrative disputes and delayed justice once again underscores the need for reform, which may consider development of a new program to establish new mechanisms in administrative disputes and popularize application of new mechanisms. The use of mediation as an alternative dispute resolution mechanism in administrative-legal proceedings may have prospects, given its growing popularity in civil disputes and the methodology for resolving disputes amicably, although this requires judicial/legislative readiness. The goal of the study is to consider the perspective and possibility of using mediation in administrative disputes in order to demonstrate the need to use mediation as a mechanism.
The use of arbitration as an alternative dispute resolution mechanism in the modern legal environment is in- creasing in civil-legal disputes. Although in 2001, the Council of Europe recommended ...using alternative dispute resolution mechanisms in administrative disputes, up to date, arbitration and other alternative dispute resolution mechanisms have not gained popularity in administrative disputes. Given its nature, arbitration is the closest to the judicial mechanism among the alternative dispute resolution methods. Although the use of arbitration as a dispute resolution mechanism in administrative disputes is not recognized by the legislation of Georgia, considering the types of administrative disputes, it is possible to use arbitration dispute resolution mechanisms in certain categories of administrative disputes. It is important to note that defining an alternative dispute resolution mechanism against the background of the overwhelmed courts and delayed justice and establishing new mechanisms may be successful and promising in the context of a justice rapid response. Accordingly, taking into account the legislation of Georgia, the analysis of practice, and the application of civil standards to administrative contracts, the aim of the study is to consider the possibility of using the arbitration mechanism in disputes arising out of administrative contracts. In this regard, the subject matter of the study is the essence of the administrative contracts and arbitration mechanism, the analysis of Georgian legislation is presented, and the possibility, purpose, and perspective of the use of arbitration for resolving the disputes of administrative contracts are summarized.
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