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Mediation Service in Turkey, Istanbul
Mediation, as the name suggests, is a problem-solving mechanism. It is a method used in societies with a modern legal system. Mediators try to resolve the disputes between the parties in an ideal way.
Mediation authority is granted according to criteria set by the legal system. Mediators are independent and impartial persons. A mediator who has any ties to one of the parties cannot fulfil their duty. So what is mediation? What are the mediator duties? What are the mediation methods? You can find the answers to these questions and more in our article!
What is Mediation?
Mediation service is a concept that refers to the resolution of disputes without going to court to resolve disputes between the parties. It is an alternative dispute resolution method. The mediator is an impartial, expert and independent third party.
The mediator, who is in an independent position between the parties, provides support without a court decision. In this context, mediation is a voluntary process. This legal institution focuses on the amicable settlement of disputes and contributes to social peace.
What Are The Mediator Duties?
Authorities assigned as mediators facilitate communication between the parties and find a solution. While fulfilling this duty, they apply mediation methods. They also support the parties to find their solutions.
In this context, the duties of the mediator are as follows;
- Being impartial and independent,
- To support the solution between the parties,
- To protect the parties from each other when necessary,
- To have detailed information about the issue between the parties,
- To learn the purposes of the parties,
- To determine the points of disagreement,
- To determine the points of agreement,
- To offer solutions or options for reconciliation,
- Ensuring that reconciliation options are relevant to the problem,
- Making the options compatible with the parties and their wishes,
- To write proposals and decisions impartially,
- Revealing the uncertainties,
- To set a timetable for negotiations between the parties,
- Follow up and finalize the mediation process.
What is Mandatory Mediation?
Mandatory mediation is a procedure for disputes in some cases. In these cases, the parties must apply to a mediator as a prerequisite. Otherwise, the case is dropped. For this reason, compulsory mediation is required in cases where it is a prerequisite to apply to a mediator during the filing process of the case.
In commercial and business cases, there is a mandatory requirement to apply to a mediator in matters such as; severance pay, overtime, and reemployment. In such cases, the obligation to apply to a mediator is explained in detail in the articles of the relevant laws.
What is The Importance of Mediation in Commercial Litigation?
Applying to a mediator in commercial cases has become mandatory as a litigation condition. The obligation scope has been added to article 5/A of the Turkish Commercial Code. Claims and compensation lawsuits of the parties regarding commercial enterprises, commercial lawsuits regulated in the Code of Obligations and lawsuits regulated in the Turkish Commercial Code are within this scope.
This friendly settlement method contributes to the faster resolution of commercial cases. Confidentiality of the process creates positive results for the parties. In this alternative solution method, the protection of the privacy rights of the parties positively affects the course of commercial cases.
What Are The Services Provided in Mediation?
Mediation is a low-cost and short-term alternative dispute resolution method. This legal institution intervenes in disputes and other cases such as; criminal cases, custody, service determination cases that concern public order.
The services offered in the process can be listed as follows;
- Establishing communication between the parties,
- Organizing sessions between the parties,
- Managing the negotiation processes between the parties,
- Submitting a solution proposal to the parties in case a solution cannot be found,
- Issuance of agreement document in case of agreement of the parties.
The agreement document signed by the parties and lawyers has the force of a court order! Parties have equal rights in the process. Confidentiality is essential in negotiations. The party violating confidentiality may be penalized. In the process, they can talk about every subject transparently.
MGC Legal Mediation Services in Turkey, Istanbul
Mediation is a mechanism that brings parties together to negotiate to resolve disputes. The mediator takes a neutral and objective position. In the mediator’s peace negotiations, a voluntary and alternative method of dispute resolution is applied. The mediator is authorized in all matters at the person’s initiative, except for those concerning public order.
MGC Legal provides services with its authorized and expert lawyer mediators. Our lawyers make maximum efforts to resolve the dispute by examining the reconciliation proposals in depth before resorting to judicial action.
Mediation services in Turkey are provided within the framework of law, regulation or legislation for the amicable settlement of disputes; It is ensured that the dispute between the parties is terminated.