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What You Need to Know About Mediation

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Mediation, an alternative dispute resolution method introduced into the Turkish legal system with Law No. 6325 on Mediation in Legal Disputes, came into effect on June 22, 2013.

With Law No. 7036 on Labor Courts, starting from January 1, 2018, applying to a mediator has become a prerequisite for disputes suitable for mediation within labor law.

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What is Mediation?

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Mediation refers to a voluntary dispute resolution method conducted with the participation of a neutral and independent third person who has received specialized training. This person applies systematic techniques to bring parties together for discussions and negotiations, facilitating communication between them to help them understand each other and, in doing so, generate their own solutions.

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Who is a Mediator?

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A mediator is a neutral third person who applies systematic techniques to bring parties together for discussions and negotiations, enabling them to understand each other, produce their own solutions, and establish a communication process between them.

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What Exactly Does a Mediator Do?

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The mediator is not the decision-maker in this process. In fact, they do not even propose any solutions to the parties. The parties resolve the dispute themselves through agreement. The mediator tries to identify the real dispute and interests between the parties and facilitate their discussion and finding solutions on these matters. Here, the parties generate their own solutions and try to understand each other while doing so.

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When Can I Go to a Mediator?

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You can go to a mediator after a dispute arises between you and the other party, but before resorting to court or arbitration. You can also go to a mediator after filing a lawsuit in court.

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Which Cases Are Covered by Mediation?

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Mediation is only possible in matters where parties can decide freely by their own will. More clearly, parties can go to mediation for matters that do not concern public order and are suitable for compulsory enforcement. Mediation is not possible in matters that parties cannot make the subject of a contract, such as criminal cases, cases related to civil registration, or cases concerning the custody of children.

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If I Apply for Mediation, Does That Mean I Give Up My Right to Sue?

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No. Parties are completely free to apply for mediation, continue the process, conclude it, and withdraw from it. You can end this process, which you initiated voluntarily, at your own will and then apply to the court.

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How Do I Choose a Mediator?

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Parties can choose a mediator from the updated list of mediators available on the official website of our Department Presidency, www.adb.adalet.gov.tr.

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Is Mediation an Expensive Method?

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Unlike a lawsuit, parties are not required to pay any court fees during the mediation process until it concludes, nor do they pay expenses such as notification fees, expert witness fees, witness fees, or discovery costs. Only the mediator's fee is paid according to the Mediation Minimum Fee Tariff, based on the duration of the activity. Additionally, if a special meeting place, etc., is required, these expenses must be paid. If the parties participate in this process with their lawyers, they will also pay their lawyers' fees.

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Who Will Cover the Fees and Expenses in the Mediation Process?

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Unless the parties agree otherwise, they will cover all expenses in the mediation process equally.

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Is the Agreement I Reach at the End of the Mediation Process Binding for Me?

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If the parties reach an agreement at the end of the mediation process, they can submit this agreement to the competent Civil Court of Peace and request an enforceability annotation. An agreement with this annotation is considered a document with the force of a judgment. The granting of an enforceability annotation, being a non-contentious judicial matter by nature, will be examined based on the file. The agreement document signed by the parties, their lawyers, and the mediator has the force of a judgment without requiring an enforceability condition.

However, if the subject of the dispute relates to family law, these procedures will be carried out by the family court determined by the same method and through a hearing. If mediation was pursued during the course of a lawsuit, these actions will, of course, be carried out by the court hearing the case.

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What Will the Court Pay Attention to When Granting an Enforceability Annotation?

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The court will examine whether the agreement and its content fall within matters that the parties can freely dispose of and whether they are suitable for compulsory enforcement.

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What is My Advantage When I Settle Through Mediation?

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You save on all expenses you would incur during a lawsuit (such as postage, expert witness, discovery, etc., and travel expenses) and time you would have to allocate to court proceedings, limiting your other activities.

• It takes less time than a court case.

• The outcome is under the parties' control.

• It looks to the future; the protection of interests, not the existing legal situation, is paramount.

• Reliability and confidentiality are important; parties can comfortably discuss matters they might not speak about in court.

• It has less psychological and sociological risk; it generates fewer new problems.

• The method and solution style agreed upon by the parties are paramount; it is flexible.

• It is resolved by agreement; both sides win, and the social and economic relationships of the parties continue.