What Is Mediation?

• Mediation has been embodied in our legal system upon the enactment of the “Law on Mediation on Civil Disputes numbered 6325”. Although Mediation had been practiced within the society for a long time, there was no legislation. Through this Law, Mediation has been caused to bear legal consequences and take part in legal order.
• Mediation is an unbiased and independent process, which facilitates the communication, and where the parties negotiate before the third party and reach on a mutual agreement.
• Mediation is a method based on cooperation used to sustain business relations and personal relations by eliminating negative feeling and frictions between parties.
• Mediation is an effective solution method enabling active participation of the parties both outside of court and before court. During this process all control and decision-making powers are exercised by the parties.
• Mediation serves solution to the disputes in a cost and time-saving manner.
• Mediation is more flexible than the court proceedings. As the parties are not subject to the court procedures, the parties achieve agreement based on their specific needs. While the court imposes decisions, mediation offers flexible solution enabling satisfaction of both parties.
• Mediation is about finding a win-win solution for everyone. There is no winning or losing party.
• Mediation is a system based on the consent and request of the parties. In case one of the parties no longer consents to continue mediation; their rights to resort to court proceedings are reserved.
• Mediation is a process conducted strictly and totally on the principle of confidentiality. Information and documents submitted by the parties for this process are subject to strict confidentiality for all participants. Such material cannot be presented as evidence in a potential future court process and the parties are not entitled to ask the mediator to act as witness before the court. This supports the parties’ ability to express their ideas freely and without any fear in order to find a mutual solution to the dispute.
• Mediation can be both conducted as facilitative mediation in which mediator paves the way for parties finding their own solution or as evaluative mediation in which mediator may provide advises to the parties on appropriate solutions in some cases.