Mediation Service
Mediation, which entered the Turkish legal system with the Law No. 6325 on Mediation in Civil Disputes, which was adopted on June 07, 2012 and entered into force on June 22, 2013, is a dispute resolution method that is carried out voluntarily and with the participation of a neutral and independent third party who has received specialized training, who brings the parties together for the purpose of meeting and negotiating by applying systematic techniques, establishes a communication process between them in order to enable them to understand each other and thus to produce their own solutions, and can also propose a solution if it turns out that the parties cannot produce a solution.
In mediation, the parties have the opportunity to discuss their problems, needs, positions and feelings in a safe and respectful environment. Mediation can also be considered as an assisted negotiation process. The parties in dispute may voluntarily choose mediation. In addition, in some disputes, mediation is mandatory as a condition of litigation.
In both litigation mediation and voluntary mediation, the mediator has no decision-making authority. The mediator helps the parties to produce a mutually acceptable solution on equal terms.
Voluntariness is essential in the mediation process. Whether it is voluntary or case-condition mediation, the parties can leave the process at any time without giving any reason.
Mediation is confidential unless the parties agree otherwise. Information and documents shared in mediation negotiations cannot be used as evidence in any court or other contested proceedings. The mediator and the parties are obliged to comply with the confidentiality rules.
The mediator has an equal and balanced responsibility towards the parties and the process and may not work in favor of the interests of any party and/or promote a particular outcome. The role of the mediator is to ensure that the parties reach agreements in a voluntary, informed and effective manner and not by coercion.
The mediation process allows the parties to obtain legal and other expert information and advice at any time. Individual or mutually acceptable experts can be brought into the process at any time to exchange information.
In mediation, the parties always retain decision-making power. Mediators encourage the parties to seek legal counsel, but it is ultimately up to the parties to decide whether to seek legal advice.
Since the mediator cannot impose anything on the parties and mediation is a voluntary process, the parties are motivated by the nature of mediation to work together to solve problems and reach the best agreement.
The parties have full decision-making power over each and every provision of the mediation agreement to be signed at the end of the negotiations. In this context, each step of the mediation process is under the control of the parties.
Optional (Voluntary) Mediation
In voluntary mediation, although the parties are not obliged to prefer the mediation process, they may apply to the mediator before applying to the court or during the court process for the resolution of private law disputes arising from business or transactions that they can freely dispose of, including those with a foreign element, except for disputes involving domestic violence allegations.
Mediation as a Condition for Litigation
Law No. 7036 on Labor Courts, Labor Law No. 4857, Turkish Commercial Code No. 6102 and Law No. 6502 on the Protection of Consumers, it is mandatory to apply to a mediator before bringing certain disputes to court. The application shall be made to the mediation office in the place where the competent court is located according to the subject matter of the dispute, or to the assigned registry office in places where a mediation office has not been established. The mediator is determined by the bureau from the list notified to the commission chairs. However, if the parties agree on any mediator on the list, this mediator shall be assigned.
Mediation as a condition of litigation arising from labor law is applicable in cases to be filed for employee or employer receivables and compensation based on an individual or collective labor contract and for reemployment.
Mediation as a condition of litigation arising from commercial law is applicable to all commercial lawsuits specified in Article 4 of the Turkish Commercial Code No. 6102 and to commercial lawsuits under other special laws, and to lawsuits to be filed for receivables and compensation claims, the subject of which is the payment of a sum of money.
Mediation as a condition of litigation arising from consumer law is subject to the lawsuits to be filed in consumer courts for the disputes specified in Article 73/A of the Law No. 6502 on the Protection of Consumers.
Fethiye Law Office and Mediation Center mediator Av. İsmet Eroğlu; With his vast experience, he provides mediation services to Turkish citizens, as well as all foreigners who are permanently or temporarily in our country, for the resolution of private law disputes arising from business or transactions that they can freely dispose of.
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