FREQUENTLY ASKED QUESTIONS
In Turkish Legal System, it is regulated by the Act Number 6326 – Mediation Act in Legal Disputes. It is possible to apply to mediation for the disputes that are subject to free will of the parties’ including the ones with the foreign elements.
Mediator is the 3rd party who brings the parties of the dispute together and facilitates the solution; help them reach a peacefull agreement by applying professional techniques, propose a solution when it is necessary and performs his mission impartially and independently.
Mediation is the easiest and secure way to solve the disputes. Courts deny the cases on the basis of procedural justifications once an agreement is reachead by mediation.
Mediation is the best way to avoid complex proceedings of the courts.
Mediation is the best way to avoid high expenses of the courts.
Mediation is the best way to save the face and maintain good relations.
The monetary demands resulting from employment contracts between parties are subject to mandatory mediation before applying to courts.(Act of Employment Courts-Numbered 7036- Article 3)
The monetary demands regarding commercial disputes between parties defined by article 4 of Turkish Commercial Act & other acts are subject to mandatory mediation before applying to courts(Turkish Commercial Act-Numbered 6102-Article 5/A)
It is mandatory to apply mediation for the consumer disputes exceeding the amount of 11.330 TL (figure is for 2021) before applying to courts.(The Act regarding The Protection of Consumer Numbered 6502 Art.73/A)
It is possible to initiate a mediation process by applying to either mediatior or mediation center and applying to mediation offices of Court houses as well. The initiation and continuiation of mediation process is maintained on ‘voluntary’ principle.
Mediation is to be processed cofidentially unless it is settled otherwise by the parties. Parties find their solutions on their own by the help of a mediator. It is the parties not the mediator that decides on how to solve the dispute. Though process is managed by the mediator, the process is completely under parties’ control.
Parties unequivocably end their disputes if they reach an agreement through a mediation. Parties can not apply to the courts for the issued settled by mediation. It is possible to file a request from the courts for the agreement document to gain a quality of a court order.
To make settlement agreement without mediation is not a guarantee way to prevent the cases from being brought before the courts: Conversely, courts are to deny the case upon settlement agreements resulting from mediation (Act Numbered 6325 Article 18/A)
Applying to a mediation does not tol the right to appy the courts. It is possible to apply to the courts if an agreement is not reached through a mediation.