GORDİON MEDIATION RULES
Gordion Mediation Rules (hereafter will be referred as Rules) aim to establish procedural frame for the settlement of disputes through mediation- a flexible alternative dispute resolution method, in compliance with national and international mediation law. Mediations that are administered by both the partner & listed mediators (hereafter will be referred as Mediator) of Gordion Mediation & Arbitration Center (hereafter will be referred as Center) will be processed under the Rules.
The Rules define the minimal standards for ensuring time & cost efficient resolution by which disputed parties will completely be able to control both the process & outcome. To create a convenient conflict resolution habitat that will maximally be prefferrable for disputed parties, the Rules may either partially be altered or completely be replaced by different set of rules on the condition provided that Mediator or the Center approve such alteration or replacement.
No matter which rules shall be fallowed to conduct mediation, the Mediator will manage the process according to international and national law concerning the mediation independently, impartially, fairly.
CANON I: INITIATION of A MEDIATION PROCESS
- Parties may agree upon referring their disputes to The Center by an agreement either prior or subsequent to litigation. In Order to initiate a mediation process, they will file a written consent/request by wich they openly commence mediation under The Rules. The request/ consent shall include:
a) The name in full, id/passport numbers, address, telephone numbers, email addresses and any other contact details of the parties & Legal Counsels representing the parties
b) A simple description of the dispute with an approximate value if possible;
c) Any agreement related with the dispute that determines the rules, language, place, joint nomination of mediator of settlement.
- The Centre may acknowledge receipt of the request/consent form by any means of communication either verbally or in writing to the parties.
- Upon receipt of such request, the Centre will inform all other parties of the proposal and may assist the parties in considering the proposal. The Center is free to choose the method of informing and can invite the parties to the Center to give necessary information and get their written confirmation.
- The date on which the other party/parties inform The Center of its acceptance to take part in mediation be deemed to be the date of the commencement of the proceedings.
CANON II: ASSIGNMENT of MEDIATIOR
- Parties may choose the Mediator by themselves among the Mediators of the Center and jointly nominate the chosen Mediator. In such cases, the jointly nomimated Mediator can initiate a mediation process provided that the Center approve the nomination and authorizes him/her to initiate a mediation process.
- Parties may request from the Center to assign a certified and expert mediator to solve their conflict. In this case, the Center is to appoint the Mediator within a reasonable time period not longer than a week.
- When appointing or approving a Mediator, the Centre will take into consideration such capabilities and features of Mediator’s as expertise, language skills, their trainings, relationships with the parties and availability and ability to conduct the mediation in accordance with the Law & and the Rules. The Centre shall make all reasonable efforts to assign the best suited mediator for the disputes.
- The disputed parties may nominate more than one Mediator by agreeing or they may request from the Centre to appoint more than one Mediator in accordance with the Rules. The Centre may also propose to the parties that there be more than one Mediator whenever it is necessary or appropriate.
CANON III: CONDUCT OF MEDIATION PROCESS
- The manner in which the mediation be conducted will be determined mutualy by the parties and the Mediator.
- The Mediator shall conduct the process with fairness, neutrality and impartiality. The Mediator will always bear in mind that each parties should be treated equally and the process is to be conducted with respect to parties’ wishes and wills provided that these wishes and wills comply with the law, the Rules and ethics.
- The mediator is to disclose any previousor existing relationship with the parties or other factors that s/he thinks that it may affect his neutrality and impartiality. It is within mediator’s responsibility to make a reasonable effort to find out such kind of factor.
- The mediation process will terminate either upon verbal notification of the Mediator or written notification of the Centre to the parties, after the fallowing events:
a) The signing of a settlement agreement by the parties;
b) The notification made to the Mediator by any party that such party has decided to terminate the mediation
c) The notification by all disputed parties to the Mediator that they agreed upon termination of the mediation process.
d) The notification by the Mediator to the parties that the subject of dispute is not appropriate to be solved through mediation;
e) The notification by the Mediator to the parties that mediation has been either completed or there is no use to continue the process since he is in the opinion that Mediator will not resolve the dispute between the parties.
f) The notification by the Centre or Mediator to the parties that any time limit set for the mediation process has expired.
- The Mediator will inform the Center of any event that terminates the process mentioned by Article IV/4
- The Mediation process will be conducted in a confidential manner unless agreed by the parties otherwise.
- Any settlement agreement shall also be kept confidential, except either disclosure is required by applicable law or whenever necessary for purposes of its implementation or enforcement.
- In the absence of settlement agreement, unless parties agree otherwise or required to do so by applicable law, a party shall not use in any judicial, arbitral or similar proceedings.
- The documents, invitations, acceptances or evidences which are submitted by other party or by the Mediator through mediation unless they can be obtained independently by the party seeking to produce them in the judicial or arbitral proceedings;
- Any views expressed or suggestions made by any party or the Mediator within the proceedings with regard to the dispute or the possible settlement of the dispute;
- Any admissions made by another party about the events and claims within the proceedings;
- The documents that are attained through mediation process and can not be produced by any means other than mediation.
- The Mediator, the Centre and its employees will not be hold responsible for any act or omissions in connection with the proceedings to such extent that such immunity is prohibited by applicable law.
- For all the matters that are not explicitly mentioned in the Rules, the Centre and the Mediator shall act in the spirit of Law, the Rules and ethics.
CANON IV: COMMUNICATIONS AND NOTIFICATIONS
- Communications and notifications between parties and the Mediator may be made in any relevant method of corresponding like post, courier, email or any other means of telecommunication and commununication through electronic systems.
- All notifications or written communications from the Mediator shall be made to the last address of the party or its representative.
- Any failed attempt of notification or written communication of Mediator resulting out of receiving parties’ omission or culpa shall be deemed valid.
- Time periods defined by the Rules, agreement of the parties and legal regulations shall start running on the day following the date which notification or communication is sent and end on the last day of period. In case starting or ending date comes up to a an official holidays or non-business day in the country of correspondence, the period of time shall commence or end on the first following business day. Official holidays and non-business days are to be included in the calculation of time periods.
CANON V: FEES & COSTS
- The costs and fees of mediation will be determined according to the Tariff in The Appendix of The Rules.
- The Centre may request that the party filing the request pay a certain amount of deposit to cover the administrative expenses of the Centre.
- In order for the request to be processed, the applicant has to prove administrative expenses (if required by the Center) by any relevant document.
- After termination of the proceedings, the parties will be reimbursed for any payment sumounting the total costs proportional to their initial deposition.
- All fixed costs and requested deposits will be borne in equal shares by the parties, unless they agree otherwise.
CANON VI: ALTERATION TO POROCEDURAL RULES
- Mediation shall be processed under the Rules unless disputed parties agree upon a different set of settlement rules.
- Disputed parties may also alter some part of the Rules and replace them partially.
- Both the partial and the complete alteration of the Rules shall be apllicable with the approval of the either Mediator or the Center.
- For both cases mentioned above, the Center or the Mediator has a right to refuse applying the alterations if it considers that such alteration does not comply with the law or main spirit of arbitration.
APPENDIX – FEES AND COSTS
ARTICLE 1- Administrative Expenses
- The center may request from the parties certain amount of payment to cover the expenses to such extent that the requested amount shal not exceed 5 % of the total amount of dispute.
- If disputed amount is uncertain, the center may request up to 1.000 TL from each parties.
ARTICLE 2- Mediator’s Fees
- These fees shall be calculated on an hourly rate of 750 TL/hour for each party for the disputes of which the subject can not measured monetarily
- For the disputes with a certain amount of Money, the fee shall be calculated according to the Official Tariff of Mediation Fee that is in force on the date the mediation ends.
- Minimum fee of Mediator is 750 TL for each party.
- The fees of the Mediator shall be paid equally by the parties unless agreed otherwise by the parties and the Mediator.
- If agreed by the parties and the Mediator, the Centre may determine certain amount of payment that will fix the total amount of Mediator’s fees after consulting to the Mediator. In this case, the fixed fee is to be determined reasonably with respect to the complexity of the dispute, the time and energy that the Mediator dedicated, the amount of work performed by Mediator, the kind of dispute, number of disputes and disputed parties and other relevant factors. It will not be less then the fee, determined by The Official Minimum Fee Tariff of Mediation of the date that mediaton terminated.
- It is not allowed for the parties and Medaitors to seperately make fee arrengements contrary to the principles mentioned in above articles.
- All amounts fixed by the Centre or pursuant to Appendix to the Rules are payable in TL.
- Amounts paid to the Mediator or the Center do not include any possible value added tax (VAT) or other taxes or charges and imposts applicable to the Mediator’s fees. Parties have a duty to pay any such taxes or charges.
ARTICLE 3- Deposition of Fees & Expenses
- The total amount of mediation fees and expenses will either be deposited to the Gordion Mediation & Arbitration Center’s Halkbank Çukurambar bank account-IBAN TR 11 0001 2001 3100 0010 1014 30 or will be paid as cash in hand.
- The Center has a right to initiate any legal procedure including the application to enforcement regime for the unpaid fees and expenses.