What is Mediation?
Mediation is the most widely known and applied dispute resolution method among the amicable dispute resolution methods today.
Who is the Mediator?
The mediator is a neutral third party who, by applying systematic techniques, brings the parties together for the purpose of negotiating and negotiating, ensuring that they understand each other and thus produce their own solutions and establish a communication process between them.
What Exactly Will the Mediator Do?
The mediator is not the person who decides in this process. It does not even propose any solution to the parties. The parties resolve the dispute by reconciling themselves. The mediator identifies the main dispute and interests between the parties and tries to ensure that they discuss and find solutions to these issues. Here, the parties produce their own solutions and try to understand each other while doing so.
When Can I Go to a Mediator?
You can go to the mediator after a dispute arises between you and the other party but before you apply to the court or arbitration, or you can go to the mediator after you file a lawsuit in court.
Are All Cases Covered by Mediation?
Mediation is only possible in matters where the parties can decide with their free will. To put it more clearly; In matters that do not concern public order and are suitable for forced execution, the parties may go to mediation. It is not possible to mediate in matters that the parties cannot make the subject of the contract, for example in criminal cases, in cases related to population registration or in cases related to the custody of children.
Do I Give Up On Filing A Lawsuit By Applying to a Mediator?
The parties are completely free to apply to the mediator, to continue the process, to conclude it and to give up this process. You can end this process, which you started with your own will, and apply to the court.
How Do I Choose a Mediator?
The parties may choose the mediator from the list of current mediators available at www.adb.adalet.gov.tr, the official web address of our Department.
Is mediation an expensive method?
Until the process is concluded, the parties do not have to pay any fees in the mediation process, unlike the case, and do not pay expenses such as notification, expert, witness and discovery. Only according to the duration of the activity, the mediator is paid a fee in accordance with the Mediation Minimum Wage Schedule. In addition, if a special meeting place, etc., is required, these costs must be paid. If the parties are to participate in this process with their lawyers, they will also pay fees to their lawyers.
Who Will Cover the Fees and Expenses in the Mediation Process?
Unless the parties agree otherwise, they shall bear all costs in the mediation process equally.
Is the agreement I reached at the end of the mediation process binding on me?
If the parties reach an agreement at the end of the mediation process, they may submit this agreement to the civil court, which will be determined according to the rules of jurisdiction and duty regarding the original dispute, and request an annotation on its enforceability. The agreement containing this annotation shall be deemed to be a document of the nature of a declaration. Since the issuance of the enforceability notice is a non-contentious judicial act in nature, the examination related to this can also be made through the file. However, if the subject of the dispute is related to family law, these procedures will be carried out by the family court to be determined by the same procedure and with a hearing. If mediation is sought during the hearing of the case, there is no doubt that the above works and procedures will be carried out by the court hearing the case.
What Will the Court Pay Attention to When Giving an Enforceability Comment?
Court; examine whether the agreement and its contents are among the works on which the parties can freely dispose of and whether they are suitable for enforcement by force.
What is my advantage when I agree through mediation?
You will save all the expenses you will have to make during the trial (such as postage expenses, expert witness, discovery, etc. expenses, travel expenses) and the time you will have to spare for the courthouse by restricting them from your other works due to the trial.
It takes less time than the court.
The result is under the control of the parties.
Looking to the future, it is essential to protect the interest, not the current legal situation.
Reliability and confidentiality are important; The parties can easily talk about the fact that they cannot speak before the court.
The psychological and sociological risk is small; it creates fewer new problems.
The method and solution style agreed by the parties are essential and flexible.
It is resolved by agreement; both sides win, and the social and economic relations of the parties continue.
©2021 Antalya Mediation Center. All Rights Reserved.
