What is mediation?
Mediation is a dispute resolution method that has been used in Europe and America for nearly 40 years.hat is mediation?
Mediation is a dispute resolution method that has been used in Europe and America for nearly 40 years. It is a process in which people who have been the subject of a lawsuit or who may have a dispute between them Decipher the issue by mutually negotiating in the company of an intermediary.
How did it happen that the mediation system was included in the Turkish legal system?
In parallel with the development in the world, mediation has been a topic that has been focused on and discussed by academic circles in our country since the end of the 1990s, especially in the beginning, and scientific articles and reports have been written.n parallel with the development in the world, mediation has been a topic that has been focused on and discussed by academic circles in our country since the end of the 1990s, especially in the beginning, and scientific articles and reports have been written. With the scientific discussion and studies on the subject reaching the desired intensity, a scientific commission was established to conduct legal studies on this issue. At the end of the work of the Commission, which was carried out for a long time by examining the world examples, the “Draft Law on Mediation in Legal Disputes”, which was sent to the Grand National Assembly of Turkey on 03.06.2008, was adopted and became law at its session dated June 7, 2012.he end of the work of the Commission, which was carried out for a long time by examining the world examples, the “Draft Law on Mediation in Legal Disputes”, which was sent to the Grand National Assembly of Turkey on 03.06.2008, was adopted and became law at its session dated June 7, 2012.
What is the duty of mediators?
Mediators apply mediation methods that facilitate the communication of the parties and keep them at the table. It helps the parties to find their own solutions themselves. In doing so, the mediator does not make a decision that resolves the issue, does not offer the parties a solution option.ediators apply mediation methods that facilitate the communication of the parties and keep them at the table. It helps the parties to find their own solutions themselves. In doing so, the mediator does not make a decision that resolves the issue, does not offer the parties a solution option. The mediator must be an impartial and independent person. If the mediator has a serious relationship with one of the parties, he should not mediate.
Who can be a mediator, what are the conditions?
Only law school graduates with at least five years of professional experience can become mediators in Turkey. In order to become a mediator registered in the Ministry of Justice registry, it is necessary to receive at least forty-eight hours of theoretical and practical training from educational institutions licensednly law school graduates with at least five years of professional experience can become mediators in Turkey. In order to become a mediator registered in the Ministry of Justice registry, it is necessary to receive at least forty-eight hours of theoretical and practical training from educational institutions licensed by the Ministry. After the training, those who pass the written and practical exam opened by the Ministry and register for the registry earn the title of mediator. Mediators in Turkey are affiliated to the Ministry of Justice in terms of registration and audit. Mediators pay dues to the finances every year. Those who do the mediation profession have to take eight hours of renewal training every year.
Which cases are covered by mediation?
According to the Law on Mediation in Legal Disputes, mediation can only be resorted to in cases where the parties can reach a settlement, where it is possible for them to give up their rights and accept the claims, and where a court decision is not required.ccording to the Law on Mediation in Legal Disputes, mediation can only be resorted to in cases where the parties can reach a settlement, where it is possible for them to give up their rights and accept the claims, and where a court decision is not required. For example, since a court decision is required for the parties to divorce and custody of the child, the parties cannot take such issues to a mediator. Again, if the dispute is caused by domestic violence and is not one of the crimes considered within the scope of reconciliation in the Code of Criminal Procedure, that incident will not be eligible for mediation. In other words, for example, spouses cannot go to an intermediary for compensation requested as a result of violence against each other, gunshot wounds, crimes that cause death. However, all credit agreements, purchase and sale agreements, consumer disputes, work contracts, rental disputes, labor receivables, maritime trade and insurance disputes, trademark and patent disputes, property sharing disputes after divorce, installment wounding, unarmed intentional wounding, insult, threat, violation of housing immunity, trade secret disclosure, such as crimes related to the complaint may be requested to go to an intermediary for compensation. As part of the Ministry of Justice’s efforts to make the mediation system mandatory as a pre-trial solution, mediation will first become mandatory in labor-employer disputes. According to the changes expected to come to the agenda of the Parliament in 2016, mediation will become mandatory in labor casess part of the Ministry of Justice’s efforts to make the mediation system mandatory as a pre-trial solution, mediation will first become mandatory in labor-employer disputes. According to the changes expected to come to the agenda of the Parliament in 2016, mediation will become mandatory in labor cases. Cases filed without applying to a mediator will be rejected without being examined.
When do people contact a mediator?
People who have a legal dispute between them can contact an intermediary whenever they need the help of a third party to Decipher it. Mediation in Turkey can be applied for before the case is opened or during the case.eople who have a legal dispute between them can contact an intermediary whenever they need the help of a third party to Decipher it. Mediation in Turkey can be applied for before the case is opened or during the case. If the parties reach an agreement in the pre-trial mediation, there will no longer be a need for litigation. After the parties file a lawsuit, the judges are informed about mediation between the parties. If they want to go to mediation, the judge can postpone the hearing up to three months twice at most. If the parties agree, the court will stop hearing the case and the text agreed by the parties will now be valid. If they do not agree, the case will continue where it left off and the court will decide on the incident.
What are the advantages of mediation?he parties agree, the court will stop hearing the case and the text agreed by the parties will now be valid. If they do not agree, the case will continue where it left off and the court will decide on the incident.
What are the advantages of mediation?
Mediation is a method that has many advantages, especially compared to litigation. Due to these advantages, mediation is becoming more and more popular in the world and in our country every day.
Mediation protects relationships Decoupled between people. Since there is an amicable solution on the basis of mediation, it prevents existing relations from deteriorating and ensures the improvement of broken relations. Since the parties continue to communicate in mediation, they have a high chance of finding a common solution in accordance with their wishes.
Mediation provides a quick solution. While the events that are the subject of the case are resolved by the court in an average of eight months at the earliest and four years on average, the result can be achieved in three hours to a week in mediation. Therefore, they may choose mediation to resolve the dispute in a shortdiation provides a quick solution. While the events that are the subject of the case are resolved by the court in an average of eight months at the earliest and four years on average, the result can be achieved in three hours to a week in mediation. Therefore, they may choose mediation to resolve the dispute in a short time.
Mediation is economical. Mediation provides reaching a solution with reasonable fees in the face of expenses that must be incurred during the case, attorney’s fees and late receipt of the right.
Mediation is confidential. The opinions, documents, offers and offers put forward during the mediation are confidential. Therefore, the parties can put any issue on the table without hesitation. For this reason, mediation may be preferred on issues that are afraid of public reflection.Mediation is confidential. The opinions, documents, offers and offers put forward during the mediation are confidential. Therefore, the parties can put any issue on the table without hesitation. For this reason, mediation may be preferred on issues thMediation is confidential. The opinions, documents, offers and offers put forward during the mediation are confidential. Therefore, the parties can put any issue on the table without hesitation. For this reason, mediation may be preferred on issues that are afraid of public reflection.
In mediation, the control of the process is in the hands of the parties. In mediation, an agreement is made only on issues agreed by the parties. The parties may give up mediation at any time. No one can be forced to sign an agreement they don’t want.
What is the cost of mediation?
The parties shall pay the mediator’s fee and expenses equally. If the dispute can be measured in money, for example, in a case of 25,000 TL, the parties pay a total fee of 6% to the mediator.he parties shall pay the mediator’s fee and expenses equally. If the dispute can be measured in money, for example, in a case of 25,000 TL, the parties pay a total fee of 6% to the mediator. According to the wage tariff, this rate gradually decreases as the amount subject to dispute increases.he parties shall pay the mediator’s fee and expenses equally. If the dispute can be measured in money, for example, in a case of 25,000 TL, the parties pay a total fee of 6% to the mediator. According to the wage tariff, this rate gradually decreases as the amount subject to dispute increases. In cases that cannot be measured in money, the mediator’s fee is paid as an hourly rate. This fee may be between 95 and 240 TL per hour depending on the event and the number of parties. Dec. A wage agreement cannot be made with the intermediary below the tariff.
What kind of process is followed if one of the parties does not comply with the agreement after a successful mediation?
The mediation agreement binds both parties once it is signed. It is only possible to withdraw from this agreement with the consent of the other party, i.e. with a new agreement. After the mediation agreement is signed, the party that wishes may apply to the court and obtain an “enforceability annotation” to the agreement documenthe mediation agreement binds both parties once it is signed. It is only possible to withdraw from this agreement with the consent of the other party, i.e. with a new agreement. After the mediation agreement is signed, the party that wishes may apply to the court and obtain an “enforceability annotation” to the agreement document. Together with the fact that the court gives an enforceability annotation to the agreement document, the mediation agreement document serves to initiate the enforcement process, just as in the execution of court decisions. It is not possible to object to this enforcement proceedings except in certain cases. As can be seen, if the agreement signed at the end of a successful mediation is not complied with, the creditor can initiate enforcement proceedings with the agreement document and collect his debt, if necessary, through seizure.
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