What is mediation?
Mediation is a dispute resolution method that has been applied in Europe and America for more than 40 years. It is a process in which people who have been the subject of a lawsuit or have a dispute that may be the subject of a lawsuit Decipher the issue by mutual negotiation accompanied by an intermediary.
How was the inclusion of the mediation system in the Turkish legal system realized?
In parallel with its development in the world, mediation has become a topic that has been focused on and discussed in our country since the end of the 1990s, especially by academic circles, scientific articles and reports have been written. With the scientific discussions on the subject and the studies reaching the desired intensity, a scientific commission has been established to study the law on this issue. The study of the World Commission for a long time on 03.06.2008 was examined and sent to the Grand National Assembly of Turkey, adopted and enacted into law at the session dated June 7, 2012.
What is the duty of mediators?
Mediators apply mediation methods that keep them at the table by facilitating the communication of the parties. It helps the parties to find their own solutions themselves. In doing so, the mediator does not make a decision that solves the problem, 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 the mediator, what are the conditions?
In order to be able to mediate in Turkey, graduates of the faculty of law with at least five years of professional experience can mediate. In order to become a mediator registered in the Ministry of Justice register, 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 register by winning the written and practical exam opened by the Ministry receive the title of mediator. Mediators in Turkey are subject to the Ministry of Justice in terms of registration and audit. Mediators pay dues to the finances every year. Those who practice the mediation profession should receive eight hours of renewal training every year.
Which cases are covered by mediation?
According to the Law on Mediation in Civil Disputes, mediation can be resorted to if the parties can prevail, waive their rights and accept the case, and there is no need for a court decision. For example, since the parties must have a court order in order to divorce and get 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 under the scope of reconciliation in the Criminal Procedure Code, this incident will not be eligible for mediation. For example, spouses cannot go to an intermediary for compensation requested as a result of violent acts against each other, injuries with a firearm, crimes causing death.
However, if all credit agreements, purchase agreements, consumer disputes, employment contracts, rental disputes, labor receivables, maritime trade and insurance disputes, trademark and patent disputes, property sharing disputes after divorce, personal injury, intentional injury, unarmed, insult, threat, violation of housing immunity, disclosure of trade secrets are the subject of a complaint, compensation may be requested due to resorting to an intermediary in the commission of crimes. As part of the Ministry of Justice’s efforts to make the mediation system mandatory as a way of settlement before litigation, mediation in employee-employer disputes will become mandatory for the first time. According to the changes expected to be put on the Parliamentary agenda in 2016, mediation will become mandatory in business cases. Cases filed without recourse to an intermediary will be rejected without examination.
When should people contact a mediator?
People who have a legal dispute between them can contact a mediator whenever they need a mediator, if they need the help of a third party. Dec. Mediation can be applied for in Turkey before the case is opened or during the case. If the parties agree on mediation before the case, there will be no need to file a lawsuit anymore. After the parties have filed a lawsuit, the judges inform the parties about mediation. If they wish to go to mediation, the judge may postpone the hearing for up to three months, twice. Thr if parties agree, the court will stop hearing the case and the text of the parties’ agreement will now be valid. If they do not agree, the case will pick up where it left off and the court will decide on the incident.
What are the advantages of mediation?
Is Mediation 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 decoupage is an amicable solution on the basis of mediation, it prevents the deterioration of existing relationships and ensures the improvement of broken relationships. Since the parties continue their communication during the mediation, they have a high chance of finding a common solution in accordance with their wishes.
Mediation provides a quick solution. The events related to the case are resolved by the court in an average of four years, at the earliest in eight months, while the outcome of the mediation can be reached in a period of three hours to one week. Therefore, they can choose mediation to resolve the dispute as soon as possible.
Mediation is economical. allows you to reach a solution with reasonable fees in the face of expenses that must be incurred during the trial, attorney’s fees and late receipt of the right. Mediation
it’s confidential. The opinions, documents, proposals and proposals put forward in the mediation are confidential. Therefore, the parties can put every issue on the table without hesitation. For this reason, mediation may be preferred on issues that are afraid of the reflection of public opinion.
In mediation, it is in the hands of the parties who have control over the process. In mediation, an agreement is made only on issues agreed by the parties. The parties may withdraw from the mediation at any time. No one can be forced to sign an agreement that he does not want.
What is the cost of mediation?
The parties shall pay the mediation fees and expenses equally. If the dispute can be measured in money, for example, in an event that reaches TL 25,000, the parties pay a total fee of 6% to the mediator. This rate decreases gradually as the amount subject to dispute increases according to the wage tariff. In cases that cannot be measured in money, the mediation 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 under the tariff.
If one of the parties does not comply with the agreement after a successful mediation, what kind of process is followed?
It connects both sides with the signing of the mediation agreement. It is possible to return from this agreement only with the consent of the other party, that is, to a new agreement. After the mediation agreement has been signed, the requesting party may apply to the court and obtain a “comment on the enforceability” of the contract document. The mediation contract document, together with the court’s comment on the enforceability of the contract document, serves to initiate the enforcement process, as in the execution of court decisions. Except for the enumerated cases, it is not possible to object to this enforcement proceedings. As can be seen, if the contract signed at the end of a successful mediation is not complied with, it is possible for the creditor to initiate enforcement proceedings with the contract document and, if necessary, collect the receivables through foreclosure.