Pursuant to the Law numbered 6325, Mediation means, “the method used for the resolution of disputes, employing systematic techniques, carried out voluntarily and with the participation of an impartial and independent third person with specialty training, bringing the parties together to discuss and negotiate, and establishing a communication process between the parties in order to help them to understand each other and thus enabling them to work out their own solutions”.
What is Mediation? Who is Mediator?
Mediator is a real person carrying out mediation process, who is registered with the mediation registry held by the Ministry of Justice following successfully completion of the relevant mediation education and exams. In order to become a mediator it is a must to have a degree in law and at least 5 years’ of occupational experience.
What are the advantages of Mediation?
- Mediation is a quick method for dispute resolution.It is quite faster than the process conducted by judicial bodies.
- The fees and expenses are less in comparison with litigation or arbitration.
- The resolution is in the hands of the parties. The parties are able to settle in a resolution which is the best for their interest, whereas in judicial proceeding the decision is vague and always to the detriment of one party.
- Mediation process is conducted in confidentiality, while judicial proceedings are subject to publicity in principle.
Which disputes could be settled with Mediation?
Civil disputes which the parties may freely have a disposal, including those having a foreign element could be resolved by mediation. Such civil disputes include without limitation; commercial disputes, disputes arising from contracts, financial outcomes of divorce, disputes related to inheritance, landlord-tenant disputes, employer-employee disputes and disputes on consumer law. It is further explicitly stipulated under the law that mediation is not applicable for disputes containing domestic violence.
Mediation is generally voluntarily. However, it is mandatory for labor law disputes. Before filing any lawsuit related to employer-employee receivables, indemnity and re-employment, it is mandatory to apply for mediation and not to reach to a mutual agreement.