REFORMATIVE AND REINTEGRATING METHODS

Mediation

Mediation with Questions

Mediation Legislation


What is Mediation?

It is the most widely known and applied dispute resolution method among the peaceful dispute resolution methods today.In dispute resolution through mediation, disputes are separated from individuals and personal approaches, focusing on the interests of the parties rather than their legal and personal status.It is possible to research and develop different potential solutions and methods and to produce different solution options.

Who is a Mediator?

The mediator is a neutral third person who applies systematic techniques and brings the parties together to discuss and negotiate, to ensure that they understand each other and thus produce their own solutions and establish a communication between them.

What is Mediator’s Task?

The mediator is not the person who decides in this process. In fact, the mediator doesn’t offer any solution to the parties. The parties settle the dispute by coming to an agreement between each other.The mediator tries to determine the main dispute and the interests between the parties and ensure that they discuss and find solutions.So, the parties produce their own solutions and try to understand each other.



What Are the Advantages of Mediation?

  • In mediation, future matters. The focus is on interests and needs. Protection of interest is essential.
  • It saves time.
  • It costs less.
  • The process and result are under the control of the parties.
  • Reliability and confidentiality are important.
  • Dialogue and communication are essential.
  • The parties try to understand each other.
  • It lowers the psychological and sociological risk.
  • The solutions and methods are flexible.
  • The most important advantage is that the dispute is resolved fast within the long and costly processes of the judiciary without causing any loss of rights to the parties.


When a Mediator Can Be Consulted?

After a dispute arises between you and the other party, you can consult with a mediator before going to the court or arbitration, or you can go to the mediator after filing a lawsuit.
Consultation to a mediator is only possible in matters where the parties can decide with their free will. The parties may go to the mediator on matters that do not concern public order and are suitable for enforcement.
In matters that the parties cannot make something the subject of the contract, likecriminal cases, civil registration cases or cases related to custody of children, mediation is not possible.

Are All Cases Eligible for Mediation?

No. Consultation to a mediator is only possible in matters where the parties can decide with their free will. The parties may go to the mediator on matters that do not concern public order and are suitable for enforcement.
In matters that the parties cannot make something the subject of the contract, likecriminal cases, civil registration cases or cases related to custody of children, mediation is not possible.



What Is Voluntary Mediation?

Voluntary mediation is when the parties prefer to consult to the mediator before filing a lawsuit for the resolution of the dispute, although there is no obligation to go to a mediator.
The parties may have voluntary mediation regarding any private legal dispute that they can dispose of.

What Is Mandatory Mediation?

For some disputes, the obligation to go to the mediator before filing a lawsuit arises from the law.Mandatory mediation is a requirement for some disputes. For this reason, the lawsuits filed without going to the mediator are rejected due to the absence of the requirements.Some claims subject to commercial and employment lawsuits (severance pay, notice pay, overtime pay, salaries, etc.) are included in the scope of compulsory mediation. It is expected that the scope will be expanded with the widespread use of mediation in time.

Does Consulting to A Mediator Mean I Can’t File A Suit?

No. The parties are completely free to consult to the mediator, to continue the process, to conclude it, and to abandon this process.You can end this process that you started with your own will and apply to the court.


Can the Parties Choose the Mediator They Want?

The mediator is assigned from the list of registered mediators by the staff in the mediation offices in the courthouses. However, if the parties agree on any mediator on the list, this mediator is assigned to them.

How Long Does It Take The Mediator to Finalize The Consultation?

The mediator finalizes the consultation within three weeks from the date of assignment. This period can be extended by a maximum of one week by the mediator in compulsory cases.

How Will the Process Continue If An Agreement Cannot Be Reached?

If the parties cannot reach an agreement during the mediation process, they can file a lawsuit by applying to the court.

What The Court Looks for When Giving An Enforceability Annotation?

Court will examine whether the agreement and its content are among the works on which the parties can freely dispose and whether it is suitable for forced execution.


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