How and When Can I Apply?

The application can be made to the mediator before the dispute is brought to justice or before the judgment is made during the trial. Not every dispute is legally available to be resolved through mediation. Since your dispute can be brought to the mediator, the following features should be examined; First of all, the dispute must be related to private law. There should be a freely recoverable dispute over the dispute.

In order to execute the solution created as a result of the dispute, it should have a content that does not need to be registered by a decision of the judge of a legal record. In this sense, cases and disputes such as divorce cases, population cases, title deed and registration cases, cadastral cases, criminal cases, custody cases are not suitable for mediation. For example, claims for compensation, disputes arising from the receivable-debt relationship, deciding on the appointment of internal auditors to companies on which partners can freely decide, distribution of dividends, etc. Mediation in matters is possible as a rule.

Mediation duty can only be carried out by persons registered in the registry. For this, an application to a mediator you will select from the Mediators Registry (http://www.adb.adalet.gov.tr/arabulucu/) published on the Ministry of Justice Mediation Department website (http://www.adb.adalet.gov.tr/arabulucu/) It may be. While the parties can jointly determine the mediator, they can apply together, and one party can apply to the mediator it has determined to ensure that an invitation is sent to the other party. If the party receiving the invitation in this way does not submit an acceptance declaration to the mediator who sent him an invitation within 30 days, the offer will be deemed rejected and the mediation process will not start. If the declaration of acceptance is made, the mediator will invite both parties to keep a report and thus the mediation process will begin. If the parties request the mediation process by applying to the court together during the trial, the declarations of the judge will interrupt the proceedings, and the trial will stop with the entire period for 3 months.