23 May Conciliation Agreement
MEDIATION AGREEMENT
This mediation agreement;
……………………………….. residing at address
…………………………………………………………………………….. with…………………………………… at
resident………………………………..
concluded between and, the parties that conclude the contract shall be referred to as.
SUBJECT OF THE CONTRACT______________ :
Appointment and role of mediator :
As determined in the program, the mediator is appointed by the parties and the mediator mediates the settlement of the dispute depending on the rules of the contract specified in the program.
A mediator must act impartially when conducting a mediation activity and cannot act in an attitude and behavior that will lead to doubt about his neutrality.
The mediator cannot decide in favor of any party, and the arbitrator cannot act as a lawyer.
The mediator cannot give legal advice to the parties during the execution of the process; he cannot develop and impose a solution proposal or catalogue of proposals on them, nor can he force them to agree on a solution proposal developed during the negotiations. But in the context of the settlement of the dispute by one of the parties, the proposal submitted by the mediator to the other party and the receipt of its declaration on this issue cannot be considered in this context.
MEDIATION___________________ :
Mediation is carried out at the time and place set out in the program, unless otherwise provided for between the parties and the mediator.
If it is not agreed by the parties, the mediator shall carry out the mediation activity taking into account the nature of the dispute, the wishes of the parties and the procedures and principles necessary for the quick resolution of the dispute.
Actions that can only be performed by a judge as a use of judicial authority due to its nature, such as discovery, application to an expert and listening to witnesses, cannot be performed by a mediator.
The mediator may give instructions on how the mediation is conducted. Instructions may include:
Pre-mediation preparatory talks;
Steps to be taken to define the issues, summarize the dispute, determine the areas of the agreement and set out the principles of the dispute;
Providing reports, documents and written statements concerning the mediator to the mediator before the mediation;
A sample of a document that must be given to the mediator within the framework of the mediation activity is also given to the other side of the dispute.
The parties must cooperate and act honestly. It must act with good faith throughout the mediation activity and provide reasonable responses to reasonable proposals.
CONFLICT OF INTERESTS
The mediator is obliged to inform the other party of the solution reached by any party.
A person appointed as a mediator is obliged to inform the parties of the existence of important conditions and conditions that require suspicion of their neutrality, or if these conditions and conditions arise later. Despite this statement, if the parties together request the mediator to take on the task, the mediator may take on this task or continue the task he has taken on. REPRESENTATION IN MEDIATION:
By adhering to this Agreement and unless the parties agree otherwise, they must participate in all phases of the mediator.
If one of the parties is not a natural person, it must be represented by a natural person who has the authority to represent during the mediation process. This person:
Negotiation and decess;
He has the authority to sign the treaty.
If one of the parties is not a natural person, the party concerned must participate in mediation, but if one of the parties is a company manager, that person may transfer the authority of representation to a third party.
One of the parties can use lawyers or experts to help him and advise him.
Communication between the mediator and the parties:
The mediator may meet and communicate with each of the parties separately or together. The parties may also participate in these negotiations through their proxies.
The mediator may communicate with the parties verbally or in writing if he deems it appropriate. If the mediator only meets or communicates with one of the parties, he or she is not obliged to share it with the other party.
Any information transmitted orally or in writing by one of the parties to the mediator is not required to be shared with the other party unless the party concerned requests it and the legal regulations deem it necessary.
PRIVACY POLICY IN MEDIATION:
Unless otherwise agreed by the parties, the mediator is obliged to keep confidential the information and documents and other records submitted to him or otherwise obtained within the framework of the mediator’s activity.
During the mediation activity, no photos can be taken, no audio and video recording can be performed.
The obligation to comply with the confidentiality rule also includes persons working alongside the mediator and those who are interned under the relevant legislation under their supervision and supervision.
Unless otherwise agreed, the parties and their proxies, if any, are obliged to keep confidential the information and documents and other records obtained or otherwise learned within the framework of the mediation activity.
TREATY______________________ :
The scope of the agreement reached at the end of the mediation activity is determined by the parties, if the agreement document is issued, this document is signed by the parties and the mediator and becomes binding for the parties from now on.
END OF MEDIATION:
26: mediation;
Expiration of the period allocated to mediation and reaching any agreement during this period;
Signing of a compromise agreement by the parties;
A written notification to the mediator and the other party after one of the parties has consulted the mediator;
it ends in their situation.
The parties are responsible for the payment of the mediator’s fees and expenses specified in the contract.
The parties are obliged to cover their own costs unless otherwise agreed by the parties.
Unless otherwise agreed, the fee for mediation is determined according to the tariff in force at the date of termination of the activity, and the fee and expense are borne equally by the parties.
The mediator may not charge any fees in exchange for mediating for certain persons or recommending certain persons in relation to the mediation process. Transactions that are established in violation of this law are superstitious.
PLAN
Mediator
Mediator
Address Of The Mediator
Time and place of Arabism
Area
History
Time
Mediator’s Fee
Mediation fee per day
Mediation fee per hour
SIDE 1 SIDE 2
Name Surname Name-Surname
Signature Signature
Mediator
Name-Surname
signature
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