Mediation is a procedure carried out with the participation of a neutral and objective third party, which brings together the conflicting parties to negotiate and achieve a voluntary and mutually acceptable solution, facilitating communication between the parties to ensure that they understand each other.
“Mediation” (AUÇ-ADR) came into force on 22.06.2013 with the law numbered 6325 published in the Official Newspaper on 22.06.2012 and accepted in our country on 07.06.2012.
It is a flexible process, control is on the parties, it is the responsibility of the parties, control over the process until the final agreement is on the sides, facilitates the exchange of information between the mediators, ensures the correct communication, is confidential. It is a friendly process and serves peace.
It is a dispute resolution method that enables real interests, needs and concerns to be addressed. One of the most important advantages is that it gives parties the opportunity to replan their future. Generally; mediation is a process in which the neutral third party, who is not authorized to make decisions, supports the parties whose disputes are clogged, to reach a solution agreed upon.
What are the positive sides of mediation?
Mediation is an effective way of reducing the work that the Turkish Civil Courts face every year.Extrajudical alternative dispute resolutions are regarded as a better resolution method for legal disputes. It is satisfying, quicker and it has less expenses, making the mediation compulsory for certain types of cases may be acceptable and a positive development for legal system.
Can anybody have a look at the cases of mediation? Is it open for public?
While the lawsuit file is soon available to public, mediation is strictly confidential unless the parties agree otherwise.
Is it safer to solve the litigation, because of the secret information or evidance?
Mediators and parties are prohibited from disclosing any documents and information received within the framework of the process, including conduct of the parties, unless otherwise agreed.The parties and the mediator are prohibited from relying as evidence on certain declarations, information or documents submitted during the mediation process.
In the case of a company we advise, our law firm’s approach is to take precautionary measures to protect the interests of our clients before disputes or conflicts arise. At this point it is important to ensure coordination with our office regarding the work and transactions to be carried out by the client company.