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 with a dispute between them who have been the subject of a lawsuit or may be deciphered by mutually negotiating the matter with the accompaniment of a mediator.
How did it happen that the mediation system was included in the Turkish legal system?
In parallel with its development in the world, mediation has been a topic in our country since the end of the 1990s, especially focused on and discussed by academic circles, and scientific articles and reports have been written. Along with the scientific discussion on the subject and the fact that the studies have reached the desired intensity, a scientific commission has been established to study the law on this issue. For a long time at the end of the world Commission on 03.06.2008 his study by examining the Turkish Grand National Assembly were shipped to the “law on mediation in legal disputes”, dated June 7, 2012 adopted enacted in the session.
What is the task 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 resolving the issue, does not provide the parties with 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 graduates of the faculty of law with at least five years of professional experience can mediate in Turkey. In order to become a mediator registered in the register of the Ministry of Justice, 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 in the register receive the title of mediator. Mediators in Turkey are subject to the Ministry of Justice in terms of registration and supervision. Mediators pay dues to the finances every year. Those who practice the mediation profession are required to undergo eight hours of renewal training each year.
Which cases are covered by mediation?
According to the Law on Mediation in Civil Disputes, mediation can only be resorted to when the parties can be magistrates, it is possible for them to give up their right and accept claims, and a court decision is not required. For example, since the parties must have a court decision so that they can get divorced and have custody of the child, the parties cannot take such matters to the mediator. Again, if the dispute is caused by domestic violence and is not one of the crimes listed in the Criminal Procedure Code as part of the settlement, this event will not be eligible for mediation. In other words, for example, spouses cannot go to a mediator for the requested compensation as a result of violent acts on each other, gunshot wounds, crimes that cause death. But all the credit contracts, purchase agreements, Consumer Disputes, work contracts, lease disputes, workers ‘ claims, maritime commerce and insurance disputes, trademark and patent disputes, disputes cost sharing after divorce, personal injury, for the crime of intentional injury, unarmed, insult, threaten, violation of the inviolability of housing, such as disclosure of the trade secret is related to a complaint, you will be asked due to the mediator in the processing of the crimes compensation can be reached. As part of the Ministry of Justice’s efforts to make the mediation system mandatory as a way of pre-trial settlement, mediation in employee-employer disputes will become mandatory for the first time. mediation in business cases will become mandatory according to the amendments expected to come to the Parliamentary agenda in 2016. Cases filed without contacting the mediator will be dismissed without examination.
When do people contact the mediator?
Persons who have a legal dispute between them can contact a mediator at any time when they need the help of a third party to decipher it. Mediation in Turkey can be applied for before or during the trial. If the parties reach an agreement on pre-trial mediation, there will be no need for a lawsuit anymore. After the parties have filed a lawsuit, the judges inform the parties about the mediation. If they want to go to mediation, the judge can postpone the hearing for up to three months, up to two times. If the parties agree, the court will stop hearing the case and the text of the parties’ agreement will now apply. If they do not agree, the case will resume 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 when compared with litigation. Due to these advantages, mediation is becoming more popular every day in the world and in our country.
Mediation preserves the relationships between people. Decoupage Since there is an amicable solution based on mediation, it prevents the deterioration of existing relations and ensures the improvement of broken relations. Since the parties maintain communication in mediation, they have a good chance of finding a common solution that suits their wishes.
Mediation provides a quick solution. The events related to the case are resolved by the court on average in four years at the earliest eight months on average, while the outcome of mediation can be reached in periods of three hours to a week. Therefore, they can choose mediation to resolve the dispute as soon as possible.
Mediation is economical. In the face of the costs that must be incurred during the case, attorney’s fees and late receipt of the right, mediation allows you to reach a solution with reasonable fees.
Mediation is confidential. Opinions, documents, offers and offers put forward in mediation are confidential. Therefore, the parties can put every issue on the table without hesitation. Therefore, mediation may be preferred in matters that are afraid of public reflection.
In mediation, the parties have control of the process. In mediation, an agreement is made only on issues agreed by the parties. The parties may withdraw from 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 costs equally. If the dispute can be measured with money, for example, in an event of $ 25,000, the parties pay a total fee of 6% to the mediator. This rate gradually decreases as the amount subject to dispute increases according to the wage tariff. In cases that cannot be measured with money, the mediator’s fee is paid as an hourly fee. This fee may be between 95 dec 240 TL per hour depending on the event and the number of parties. A fee agreement cannot be concluded with the mediator below the tariff.
What kind of process is being followed if one of the parties does not comply with the agreement after a successful mediation?
It binds both parties together with the signing of a 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 can apply to the court and receive a “comment on enforceability” on the agreement document. The mediation agreement document, together with the fact that the court gives a comment on the enforceability of the agreement document, serves to initiate the enforcement process, as in the case of the execution of court decisions. It is not possible to object to this enforcement proceedings except in numbered cases. As can be seen, in case of non-compliance with the agreement signed at the end of a successful mediation, it is possible for the creditor to initiate enforcement proceedings with the agreement document and receive the receivable through foreclosure if necessary.
