Subject: RE: (confidential) Labour mediation development issues
From: "Albahnasi, Kinan" <[email-masked]>
To: Lika Klimiashvili <[email-masked]>
Cc: Tatia Khabeishvili <[email-masked]>, Tamar Barkalaia <[email-masked]>, "Sibbel, Lejo" <[email-masked]>, "Karchkhadze, Ekaterine" <[email-masked]>
Date: Mon, 04 May 2020 11:39:12 +0000

Dear Lika,

Thank you for your patience.

In the attached file, you will see the written test for the roaster mediators. I have developed the test to provide real-life situations to assess the candidates’ competencies, experience
and intuitive abilities for mediating labour disputes cases. Those who are able to answer these questions adequately, they should be considered as a good fit for the role of labour dispute mediator. However, to ensure excellent results, I would also suggest
to request an interview with the candidates to assess their oral communication skills.

Whether the test will be completed remotely (online) or at the Ministry’s premises, I suggest assigning 3-4 hours for the candidates to complete the test.

Let us know if you have any questions. We could gladly arrange a Skype call to elaborate on the procedures of the test and interview if you wish.

I also want to thank Lejo for providing useful comments while developing the tests.

Best regards,

Kinan

From: Lika Klimiashvili [mailto:[email-masked]]

Sent: May-01-20 12:28 PM

To: Albahnasi, Kinan <[email-masked]>

Cc: Tatia Khabeishvili <[email-masked]>; Tamar Barkalaia <[email-masked]>; Sibbel, Lejo <[email-masked]>; Karchkhadze, Ekaterine <[email-masked]>

Subject: RE: Labour mediation development issues

Take care! I’m fine with tomorrow.

Best,

Lika

პატივისცემით   |   Respectfully

ლიკა  კლიმიაშვილი
| Lika Klimiashvili

პოლიტიკის დეპარტამენტის
შრომისა
და
დასაქმების
პოლიტიკისა
და
კოლექტიური
შრომითი
დავების
სამმართველოს
უფროსი |Head of Labour and Employment Policy and Collective Labour Disputes Division, Policy Department

საქართველოს
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| Ministry of Internally Displaced Persons from the Occupied Territories, Labour, Health and Social Affairs of Georgia

აკ.
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www.moh.gov.ge

From: Albahnasi, Kinan <[email-masked]>

Sent: 1 May, 2020 12:27

To: Lika Klimiashvili <[email-masked]>

Cc: Tatia Khabeishvili <[email-masked]>; Tamar Barkalaia <[email-masked]>; Sibbel, Lejo <[email-masked]>;
Karchkhadze, Ekaterine <[email-masked]>

Subject: RE: Labour mediation development issues

Dear Lika,

I’m doing well, thanks. Hope you are well too.

Apology for the delay. As I’m building the test from scratch, It required more time than I expected. The work on the test was also interrupted by my illness last week and a few other urgent requests. I will try
my best to send it by tomorrow if that’s fine with you.

Hope this helps.

Best regards,

Kinan

From: Lika Klimiashvili [mailto:[email-masked]]

Sent: May-01-20 12:03 PM

To: Albahnasi, Kinan <[email-masked]>

Cc: Tatia Khabeishvili <[email-masked]>; Tamar Barkalaia <[email-masked]>; Sibbel, Lejo <[email-masked]>;
Karchkhadze, Ekaterine <[email-masked]>

Subject: RE: Labour mediation development issues

Dear Kinan,

Hope you are doing good!

Could you please tell me it’s possible to have the
example of the written test questions and interview assessment methodology?

I thank you,

Best,

Lika

From: Albahnasi, Kinan <[email-masked]>

Sent: 20 April, 2020 12:44

To: Lika Klimiashvili <[email-masked]>

Cc: Tatia Khabeishvili <[email-masked]>; Tamar Barkalaia <[email-masked]>; Sibbel, Lejo <[email-masked]>;
Karchkhadze, Ekaterine <[email-masked]>

Subject: RE: Labour mediation development issues

Dear Lika,

Thank you, and Happy Easter to you and the Ministry’s colleagues!

I will work on an example of the written test questions and interview assessment methodology so that you can utilize in the selection process. Please allow until the end of the week to send you the examples.

Best regards,

Kinan

From: Lika Klimiashvili [mailto:[email-masked]]

Sent: April-16-20 5:46 PM

To: Albahnasi, Kinan <[email-masked]>

Cc: Tatia Khabeishvili <[email-masked]>; Tamar Barkalaia <[email-masked]>; Sibbel, Lejo <[email-masked]>;
Karchkhadze, Ekaterine <[email-masked]>

Subject: RE: Labour mediation development issues

Dear Kinan,

This is to inform you that we’ve decided to go with the following scenario:

-
Call for candidatures (based on the document you shared we identified the requirements);

-
When short-listed, candidates will be asked to have a written exercise (in this case we rely on you, as  you promised you will help us elaborate an exercise in the form of a case/casus);

-
We interview them (admission commission will be officially set up).

Subsequently, we would like to ask you to share your experience in identifying the possible case/casus and interview scenario as well. That would be very much appreciated.

Thank you once again!

Wish you a good health!

Regards,

Lika

From: Albahnasi, Kinan <[email-masked]>

Sent: 10 April, 2020 15:49

To: Lika Klimiashvili <[email-masked]>

Cc: Tatia Khabeishvili <[email-masked]>; Tamar Barkalaia <[email-masked]>; Sibbel, Lejo <[email-masked]>;
Karchkhadze, Ekaterine <[email-masked]>

Subject: RE: Labour mediation development issues

Dear Lika,

Reference to our meeting today on the purpose of your request to the mediators’ selection criteria, please find attached a detailed description that would help you to undertake the following tasks:

-
Renewing the licence of the current roaster mediators for the next 2 to 3 years based on criteria

-
Selecting additional mediators based on decisive measures such as experience, skills, education and training

-
Designing mediators’ role profile, requirements and job description

-
Drafting public or targeted call for applications or candidatures, including submission requirements

-
Designing a competency-based assessment through interview questions and written tests

Let us know if you require clarification on the content in the document. I would be happy to schedule another meeting next week, if necessary, to discuss the material in details and answer your questions.

Best regards,

Kinan

From: Albahnasi, Kinan

Sent: April-02-20 9:44 AM

To: 'Lika Klimiashvili' <[email-masked]>; Sibbel, Lejo <[email-masked]>; Karchkhadze, Ekaterine <[email-masked]>

Cc: Tatia Khabeishvili <[email-masked]>; Tamar Barkalaia <[email-masked]>

Subject: RE: Labour mediation development issues

Dear Lika,

Thanks for your kind wishes and I wish you to stay safe and healthy too. I find being in Georgia now is more sheltered than elsewhere. Thanks to the government’s response in applying serious measures that are
making us all feel safe.

We are pleased to hear that the Ministry has the interest to take timely action on the development of a new mediation system – considering the high-risk potential of socio-economic repercussions from the current
crisis on the labour market.

The report shared by Lejo carries findings that could set the stage for comprehensive reform to the existing mediation mechanisms. Should the Ministry decides to endorse its recommendations particularly, we stand
ready to support the reform process through a joint approach with the social partners by developing an action plan with a series of activities and timeframe.

On the mediators’ selection criteria: do I understand that the Ministry is aiming currently to increase the number of mediators?

If yes, I would suggest then, along with the selection criteria, we discuss the establishment of a national certification system of labour disputes mediators.

The certification process doesn’t have to be complex, rather consists of four steps:

1)
Selection and interview: ILO will propose criteria to help you choose candidates and interview them;

2)
Training & testing: mediator training programs involve between 25-40 hours of classroom time and include lectures and role-playing
exercises. Testing can be conducted on the last day of the training and evaluated by the trainers—those who pass the test are qualified for the next and final step (comparable to the training we delivered in April last year);

3)
Probationary period: it takes practice to mediate well; thus, to receive the certificate as a roaster mediator, the candidates have
to undertake at least 2-3 cases within a period of time to demonstrate adequate experience and commitment to mediate cases.

I understand that this process can be lengthy, and you might want to have additional mediators asap in response to Covid-19 crisis. In this case, we could think of a way to accelerate the program by advancing
Step 3 to Step 2 to allow candidates to start mediating cases immediately after the Selection, while being practising under a Probation Period—not as roaster mediators. They still need to go through the training and testing to get certified. The
overall purpose of these Steps is to ensure high standard provision and commitment of mediation practice; transparency in the selection process and certification; to re-image the perception of the “position of a mediator” as a competitive process—not
as effortlessly achievable.

Please, have an internal discussion on the above proposal and let us know what you think. In the meantime, I will develop a proposal on the selection criteria and share it with you early next week.

Best wishes,

Kinan

From: Lika Klimiashvili [mailto:[email-masked]]

Sent: April-01-20 1:23 PM

To: Sibbel, Lejo; Albahnasi, Kinan; Karchkhadze, Ekaterine

Cc: Tatia Khabeishvili; Tamar Barkalaia

Subject: RE: Labour mediation development issues

Dear Lejo,

All is good here, trying to be optimistic
J

Thank you for your  quick reply, we would go through the assessment you sent. As to the social partners, we’ve already addressed them and asked for their views
on the development of the mediation system. Your feedback on our joint concept on the development of the system, would  definitely be beneficial for us.

As for the development of selection criteria, we would wait for Kinan’s feedback.

Thank you once again!

Take care!

Regards,

Lika

From: Sibbel, Lejo <[email-masked]>

Sent: 1 April, 2020 12:30

To: Lika Klimiashvili <[email-masked]>; Albahnasi, Kinan <[email-masked]>; Karchkhadze, Ekaterine <[email-masked]>

Cc: Tatia Khabeishvili <[email-masked]>; Tamar Barkalaia <[email-masked]>

Subject: Re: Labour mediation development issues

Dear Lika,

I trust you and the colleagues at the Ministry are well, in spite of the challenging tasks you are facing.

Further to your queries, I am pleased to be able to provide you with the attached report containing an assessment of the mediation system. As you may recall, the assessment was undertaken
by an ILO consultant late last year. We hope it will provide the Ministry with the guidance sought. We would be more than happy to provide any further info you may require.​

During my last meeting with the Deputy Minister we discussed the mediation system and possible next steps to be taken to improve the system. At that time, the Deputy Minister requested
the ILO discuss relevant issues with the social partners in order to informally gauge their views on the development of the mediation system. The ILO would still be willing to do this, although obviously it would have to be done remotely at this time. Please,
let us know if this is still required.

As for the development of selection criteria, I suggest Kinan provides the Ministry with relevant inputs as he has been engaged in the delivery of trainings concerning mediation.

Best,

Lejo

From: Lika Klimiashvili <[email-masked]>

Sent: 26 March 2020 18:01

To: Albahnasi, Kinan; Karchkhadze, Ekaterine; Sibbel, Lejo

Cc: Tatia Khabeishvili; Tamar Barkalaia

Subject: Labour mediation development issues

Dear all,

I do hope this email finds you well and  you all are safe and healthy.

As you are aware the Ministry took commitment to develop existing labour mediation system and the first thing we intend to do is to elaborate a vision document on development of the mechanism and
simultaneously renew the roster of mediators.

In order for us to work on  above said issues, we would like to kindly ask you two things, namely,  could you please provide us with the view of International Labour Organization on how to strengthen
and develop the mechanism and which model best suits Georgia? You know we’ve been provided with mission report “Assessing and Improving the Labour Mediation Machinery.What is next for the Mediation Service?”  (May,
2018; Jacques LESSARD), is this document the one we can relay on and use as a guide?

As to the mediators, we would be grateful if you could advise on the selection criteria.

Looking forward to hearing from you soon.

Thank you!

Yours sincerely,

Lika

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