Mediation is one of the alternative dispute resolution methods. It is defined as “ a structured process, however named or referred to, whereby two or more parties to a dispute attempt by themselves, on a voluntary basis, to reach an agreement on the settlement of their dispute with the assistance of a mediator. “ in Directive 2008/52/Ec of the European Parliament and of The Council.
A legislation in mediation has entered into force in 2013 in Turkey. This law has been legislated for the harmonization of Turkish laws with the EU laws. Nowadays the lawmaker plans an amendment in some articles related to the mediation and compulsory mediation in some branches of labor law is also planned in this amendment.
Mediation is a new conception in Turkish law and people are unfamiliar with the procedure.
In Turkish law system, the parties may voluntarily decide to use the mediation for civil cases which are not related to the public policy.
The advantages of the mediation are as follows :
1.Mediation is much less costly than civil litigation.
2.Mediation is a much faster process than civil litigation.
3.The parties are full participants and can express their own opinions and concerns in mediation. But in civil litigation the parties’ attorneys are the only ones who represent their party unless the party “takes the stand” .
4. Mediation allows the opportunity for parties to work together and reach a settlement and continue to work together. If the parties end up in litigation, their relationship immediately end.
5. Mediation is so informal that if a construction contract does not recognize an alternative dispute resolution option; mediation may be scheduled by mutual agreement of both parties to the contract.
6. In mediation, both parties have the opportunity to check the background and experience of the mediator. In civil litigation, you have no options to choose your judge.
7. Mediation is a private process and not subject to public knowledge and possible media attention as can be in civil litigation.