Compared to other formal and informal processes, there is much bigger possibility to settle the dispute creatively in mediation process. This is exactly the main advantage of mediation. We can see recommendations or obligations to use creativity while settling the dispute in the code of ethics of mediation of several countries. At the first glance, it is obvious and everybody agrees that creativity is the most important thing in mediation however, scholarly society randomly gets interested in this matter. Working on the blogpost convinced me in this as well – it is almost impossible to find scholarly writing about this issue. But still, creativity is the main weapon for the mediator. The same need as oxygen. Oxygen has its own formula O². Does creativity have its own formula?![1]

What is empathy? Symbolist-interactionists George Meade and others discuss empathy as process of copying others’ roles which is the essence of socialization. Empathy is the ability to understand behavior and attitude of other people. Weber considers idea of empathy in “verstehen”, meaning understanding and by feelings guarantees adequate penetration of others’ emotional, irrational actions.

Mediation, as a profession, is becoming more and more popular considering its essence, effectiveness and simplicity creating the basis to talk about ethical problems and models. The present blog shall discuss main ethicalchallenges of mediator’s activities, and while analyzing established models of ethics, we will find the answer to the question: does practice lead us to perfection in mediation process?

 Episode I

How the society handles solving the disputes in one of the indications of democracy and legal culture of such society. Supporting introduction of mechanisms of disputes’ peaceful settlement is one of strategic direction of the association agreement with EU. Council of EU actively works on competences new model of democratic culture. This process includes 47 countries of EU Council. The framework agreement exists indicating 20 competences including one of the most important skill to solve the conflicts. According to the document, this competence includes 25 descriptors, for example, using human rights principles while solving conflicts between persons, intention to solve the conflict, skills to analyze reason and other aspects of the conflict, skills to find way out of the conflict situation for the parties, to effectively control other people’s mood, such as stress, agitation and feeling danger and etc.

Benjamin Franklin stated: “time is money”, however, this only applies when we do not have time.  

One of the "vulgarities" of "crazy, crazy, crazy world" is a very fast pace for which thousands of Lari or US Dollar, Euro or Lira is spent. There is one motto - the faster, the more expensive. However, regulator of the futility of capitalist ideology, the public relations and well-known field for us has offered the new regulation - mediation, i.e. to resolve the dispute without "nervous war" and significant financial losses.

Mediation – is this a century-old Georgian tradition or a new legal institute having a long way to valuably settle in Georgian reality? This is the question we will try to answer with the present paper.