Mediation is a process, where two or more parties with the help of a mediator try to end a dispute by mutual agreement; the decision is made by the parties themselves (and not the mediator), while mediation can start both by the initiative of the parties, as well as in a case determined by law by the transfer of the case to a mediator by the court.

Private mediation begins on the basis of a written agreement of the parties regarding mediation and proceeds without the interference of the court, while court mediation begins then, when a lawsuit is already filed in court and the court in the process of reviewing the case transfers it to a mediator by the rule established by the Civil Procedural Code. By general principle, mediation is voluntary, however by law there can exist cases, when the transfer of a case for mediation happens also by a mandatory rule; moreover, the model related to court mediation in Georgia includes both voluntary, as well as mandatory format.

The mediation process and the information essentially related to it are considered confidential by law, and the participants of mediation cannot use this information in court, arbitration, or another dispute resolution process; the mediator is also forbidden from disclosing information received from one party to the other party, if there is no explicit consent. Exceptions are also defined by law (e.g., protection of life/health, a mandatory decision of the court, etc.), and even in such a case the disclosure of confidential information to an authorized person or body must happen only in an adequate and proportional volume of the lawful purpose, in such a way, that the confidentiality of the mentioned information from a third party is maximally protected.

In case of successful mediation, a mediation settlement is formulated, a written document, which is signed by the parties and the fulfillment of which is mandatory; in case of private mediation, it is possible to apply to the court for that (by one party or both parties together), so that the court executes the mediation settlement in accordance with the civil procedural rules.