The Role of Mediator Notary at simplifying the Land registration procedures

The Notaries were introduced the Law of Georgia “On the Perfection of Special Rules and Cadastral Data on Land Rights Systemic and Sporadic Registration within the State Project” and the role of notary, as a mediator within the framework of this Law.

All the notaries shall step by step pass this seminar with the organization of Training Center of the Notary Chamber of Georgia.

The Law of Georgia “On the Perfection of Special Rules and Cadastral Data on Land Rights Systemic and Sporadic Registration within the State Project”, that was adopted by the Parliament with the third hearing, shall come into legal force on the first day of August, 2016. This Law provides the simplification of real estate registration procedures and protection of property rights of the citizens. The legislative package was developed by the Ministry of Justice of Georgia. The necessity of its preparation was conditioned under the existing problems in land registration.

The Law provides to elaborate a unified standard for survey drawings, project surveyor's certification. Besides, search for prove of ownership documents will be simplified. Accordingly, property right registration process shall become at most available for the Citizens.

The notaries are also actively involved in this process. The State offers the notary mediation to the population in settling the disputes arising on property registration. This notary service will be free and significantly simplify the dispute resolution process for the parties.

The Notary Mediation is a simplified form of civil (family, inheritance, neighbor ...) dispute settlement.

Advantages of Notary Mediation
Settling of disputes quickly and simply – disputing parties shall have no more to apply to the court, just go to any mediator notary and save time.

Mediation is voluntary and not compulsory process – all conflicting parties apply to the notary at their own will for solving the dispute; No one forces them to sit and negotiate at the round table; 

All parties are equal during the mediation– A mediator - notary, as an impartial, objective advisor shall equally protect the interests of each party and assist them to reach an agreement;

Confidentiality – the notary has no right to divulge the information known to him/her in the mediation process; 

The conflict ends when ending the mediation– the notary mediation is not only the guarantee of agreement, but reconciliation as well;

Following the dispute settlement, the notary draws up an act of agreement and notarizes it. Duties and obligations of each party are defined by the said document. Failing to fulfill the obligations provided for by the Act of Agreement, the notary shall issue an order of enforcement for which it is no longer necessary to apply to the court.  

Despite the notary mediation, certification of the signature of the parties to the transaction by a notary will be free of charge for the citizens within the named Law.