What is mediation?
Mediation, as defined in Law No. 6325 on Mediation in Legal Disputes, is a dispute resolution method that uses systematic techniques to bring parties together, facilitate communication between them, and help them generate their own solutions. This process is conducted voluntarily with the assistance of a mediator, a neutral and independent third party who has received specialized training. If the parties are unable to reach a solution, the mediator may also offer a solution proposal.
Who chooses the mediator?
The parties may choose a mediator of their own accord. One party may propose a mediator and the other may accept it, or the parties may make a joint choice. However, in cases of mandatory mediation, if the parties cannot reach an agreement, a mediator will be appointed from the registry by the mediation offices. The current list of mediators can be accessed on the website of the Mediation Department of the Ministry of Justice.
In which disputes is mediation mandatory?
In Turkish law, mediation is generally a voluntary process. In private law disputes over which they can freely dispose, parties may choose to pursue mediation before filing a lawsuit, or they may opt for direct litigation.
However, as of January 1, 2018, mediation has become a prerequisite for certain employer-employee disputes, and as of January 1, 2019, for certain commercial disputes. In such disputes, it is mandatory to apply for mediation before filing a lawsuit. Otherwise, the lawsuit will be dismissed due to the lack of a prerequisite. If the parties cannot reach an agreement during this mandatory process, they retain the right to resolve the dispute through litigation.
However, as of January 1, 2018, mediation has become a prerequisite for certain employer-employee disputes, and as of January 1, 2019, for certain commercial disputes. In such disputes, it is mandatory to apply for mediation before filing a lawsuit. Otherwise, the lawsuit will be dismissed due to the lack of a prerequisite. If the parties cannot reach an agreement during this mandatory process, they retain the right to resolve the dispute through litigation.
Does a mediator make decisions in a dispute like a judge?
No. One of the most fundamental principles of mediation is its voluntary nature. The parties participate voluntarily in the process and generate their own solution. Unlike a judge, the mediator does not make a legally binding decision on who is right. Their role is to help the parties reach a solution that is in their best interest. If the parties are pressured, the mediator may offer suggestions for a solution, but these suggestions are not binding.
What are the advantages of mediation?
- Win-Win Principle: It ensures that solutions are produced that benefit both parties by considering their mutual needs.
- Confidentiality: Unlike the publicity in the judicial process, in mediation, discussions and documents are kept confidential.
- Speed and Economy: It is usually completed in a shorter time and at a lower cost compared to court processes.
- Protection of Relationships: It provides a friendly solution environment by preventing the deterioration of commercial or personal relationships between the parties.
- Social Peace: It contributes to social peace by resolving disputes in a constructive manner. supports.
How are mediation fees determined?
Unless otherwise agreed, the mediator's fee shall be determined according to the Minimum Fee Schedule for Mediators in effect on the date the mediation concludes. Fees and expenses shall be borne equally by the parties. The parties may not agree on a fee lower than that specified in this schedule.
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