What Is The Mediation ?

23 Dec What Is The Mediation ?

Mediation in Europe and the United States for more than 40 years is a dispute resolution method applied. It is a process in which people who have been subject to a dispute or who have a dispute are resolved by mutual negotiation with a mediator.

Turkey mediation system was how to take place in the legal system?

In parallel with its development in the world, mediation was a topic in our country in the late 1990s, especially in the academic circles, with debates and scientific articles and reports. A scientific commission has been set up to conduct law studies on this subject, with scientific discussions and studies on the subject to reach the desired intensity. Commission at the end of his studies examining the long-world examples of 03.06.2008 Date of the Grand National Assembly of Turkey referred to the “Draft Law on Mediation Law in Conflict”, dated June 7, 2012 became law was adopted at the session.

What is the role of mediators?

Mediators use mediation methods that facilitate the communication of the parties and keep them on the table. It helps the parties to find their own solutions. In doing so, the mediator does not make a decision to resolve the issue, and does not offer the solution to the parties. The mediator must be an impartial and independent person. The mediator should not be a mediator if he has a serious relationship with one of the parties.

Who can be mediator, what are the terms?

at least five years of professional experience only law school graduates in Turkey can mediate. In order to be a registered mediator of the Ministry of Justice, at least forty-eight hours of theoretical and practical training should be taken from the educational institutions licensed by the Ministry. Those who pass the written and applied exam by the Ministry after the training and who are registered in the register earn the title of mediator. Turkey is the mediator in the Ministry of Justice in terms of registration and supervision. Mediators pay dues every year. Those who practice the mediation are obliged to undergo eight hours of renewal training each year.

Which cases are covered by mediation?

According to the Law on Mediation in Legal Disputes, mediation can only be sought when parties are able to abolish their rights and accept allegations and a court order is not required. For example, parties to divorce and custody of the child for a court decision is necessary because the parties can not take such issues to the mediator. Again, if the dispute arises from domestic violence and it is not in the scope of consensus in the Code of Criminal Procedure, it will not be suitable for mediation. In other words, it is not possible to go to the mediator for the reparations required for the crimes that cause the spouses to be violent to each other, gun wounding and death. However, all loan agreements, purchase and sale contracts, consumer disputes, works contracts, rent disputes, workers’ claims, maritime trade and insurance disputes, brand-patent disputes, divorce property disputes, malicious assault, unarmed intentional injury, insult, threat, housing Violations of immunity, such as the disclosure of trade secrets, such as the disclosure of criminal offenses may be requested due to the processing of offenses. Within the scope of the efforts to make the Ministry of Justice’s mediation system as a pre-trial solution, mediation will first become mandatory in labor disputes. In 2016, mediation will be mandatory in business cases according to the changes expected to be on the agenda of the Assembly. The cases opened without applying to the mediator will be rejected without examination.

When do people contact the mediator?

Any person with a legal dispute may apply to the mediator at any time when he or she needs the help of a third party to resolve it. Before opening the case be referred to mediation or during the trial in Turkey. If the parties in the mediation pre-trial mediation agreement will no longer be necessary. The parties are informed about the mediation after the parties are opened. If they want to go to mediation, the judge may postpone the hearing for up to three months. If the parties agree, the court shall stop seeing the case and the text agreed by the parties shall prevail. If they cannot agree, the case will be resumed and the court decides on the incident.

What are the advantages of mediation?

Mediation is a method with many advantages, especially when compared to litigation. Because of these advantages, mediation is becoming more and more popular in the world and in our country.

Mediation protects relationships between people. Since it is a friendly solution on the basis of mediation, it prevents the deterioration of the existing relations and ensures the degradation of the corrupted relations. Since the parties continue to communicate in mediation, they have a high chance of finding a common solution.
Mediation provides a quick solution. The case-related incidents are resolved by the court on average at the earliest eight months in an average of four years, while the mediation can be reached in three hours to one week. Therefore, they can choose mediation to resolve the dispute in a short time.
Mediation is economic. The costs to be incurred during the proceedings, the fees of attorneys and the mediation in the face of the right to receive the right allow to reach a solution with reasonable fees.
Mediation is hidden. The opinions, documents, proposals and confessions put forward in mediation are confidential. For this reason, the parties can discuss all issues without hesitation. For this reason, mediation can be preferred in matters that are afraid to be reflected in the public opinion.
In mediation, control of the process is in the hands of the parties. In mediation only an agreement is agreed on by the parties. Parties may resign 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 wages and costs equally. In the event that the dispute can be measured by money, for example, in a case of 25,000 TL, the parties shall pay a total of 6% to the mediator. This rate gradually decreases as the amount of the dispute increases according to the tariff schedule. In cases where the money cannot be measured, the fee of the mediator is paid as an hourly rate. This fee can be between 95 and 240 TL depending on the event and number of parties. Under the tariff with the mediator, a fee contract cannot be made.

After a successful mediation, what is the process if one of the parties does not comply with the agreement?

With the signing of the mediation agreement, it connects both sides. Returning from this agreement is possible with the consent of the other party, but a new agreement. After the mediation agreement has been signed, the requesting party can apply to the court to take the ist annulment opinion Arab. As the Court gives an annotation to the agreement document, the mediation agreement document serves to initiate the execution as in the execution of the same court decisions. It is not possible to appeal to these enforcement proceedings except in the case of the numbered cases. As it can be seen, if the agreement signed at the end of a successful mediation is not followed, it is possible for the creditor to initiate enforcement proceedings with the agreement and to obtain the foreclosure by default.