What is Mediation?
Mediation; It is a method that the parties can use to resolve the dispute they are in with the help of an impartial third party without going to court or under court direction.
The parties have the opportunity to express themselves comfortably in the presence of a trained mediator. Thus, a process is experienced in which misunderstandings caused by lack of communication are also eliminated. The professional skills of the mediator are used to reveal the real interests of the parties rather than the apparent problems. Thus, the parties that understand each other better have the opportunity to take their future positions more accurately. In the mediation process, where the wishes and interests are clarified, it is possible to reach effective agreements that are unimaginable to reach in court and satisfy the interests of the parties by negotiating mutual solution proposals.
In accordance with the law on mediation, the parties may agree to apply to the mediator before the case is filed or during the hearing of the case. The court may also enlighten and encourage the parties to apply to the mediator.
Types of Mediation
- Litigation Requirement Mandatory Mediation
- Discretionary Mediation
Litigation Requirement Mandatory Mediation
Litigation Requirement Mediation in Consumer Disputes
Article 73/A of the Consumer Protection Law No. 6502 obliges the mediator to apply for disputes discussed in consumer courts. Accordingly, if a lawsuit is filed without an application to the mediator in terms of the disputes remaining within the scope of the consumer law, your case will be rejected without examining the merits of the case.
Litigation Requirement in Commercial Law Disputes Mandatory Mediation
According to Article 5/a of the Turkish Commercial Code No. 6102, Article 4 of the TCC It is a condition of the case that all commercial cases specified in the article and commercial cases included in other special laws should be applied to the mediator before the lawsuit is filed about the claims and compensation claims whose subject is the payment of a certain amount of money. Accordingly, in the event that a lawsuit is filed without an application to the mediator in the aforementioned commercial disputes, your case will be rejected without examining the merits of the case.
Litigation Requirement Mandatory Mediation in Labor Law Disputes
According to the Labor Law No. 7036, it is a condition of the case that the mediator is consulted in the cases filed with the demand for reinstatement and compensation of the employee or employer based on the Law, individual or collective labor agreement. Accordingly, if a lawsuit is filed without an application to the mediator in disputes arising from labor law, your case will be rejected without examining the merits of the case.
Discretionary Mediation
Except for matters that fall within the scope of compulsory mediation under the said case requirement, the parties may resort to discretionary mediation in all kinds of private law disputes that they can freely dispose of.
Although the parties are not obliged to go to a mediator, they may voluntarily choose to apply to the mediator unilaterally or jointly before filing a lawsuit for the resolution of the dispute between them.
Mediation Activity
Persons registered on the mediation list maintained by the Ministry of Justice may carry out mediation activities. In our law office, mediation studies are carried out by mediators who are registered in the mediation registry and specialized in the fields of mediation in order to ensure that the parties obtain the highest interest in compulsory and voluntary mediation issues as soon as possible. You can contact us to get advice on becoming a party to the mediation or to get support in carrying out the process as a mediator.