Lexius Legal Law Office provides mediation services in order to resolve the dispute between natural and legal persons in the fastest way in line with the interests of each other by bringing the parties of the dispute together at a common point in relation to the matters including but not limited to  the part regarding the material demands of the subjects related to labor law, commercial law, consumer law, family law; compensation and receivable claims of the parties and international disputes.  You can find the answers of the following questions in the following paragraphs:  What is mediation and how does the process work? In which cases is mediation mandatory? Can mediation be applied at every stage of the case? What are the advantages of mediation?

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What is Mediation?

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Mediation is the most widely known and applied dispute resolution method. According to the Law on Mediation in Civil Disputes No. 6325, mediation is the method used for the resolution of disputes, employing systematic techniques, carried out voluntarily and with the participation of an impartial and independent third person with specialty training, bringing the parties together to discuss and negotiate, and establishing a communication process between the parties in order to help them to understand each other and thus enabling them to work out their own solutions. 

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Who is the Mediator?

 

Mediator is an impartial third person who, by applying systematic techniques, brings the parties together to negotiate and aims to ensure that they understand each other and thus produce their own solutions and establish a communication process between them.

 

When to apply to the mediator?

 

You can either apply to a mediator before applying to the court or arbitration after a dispute arises between you and the opposite party or you can apply to a mediator after filing a lawsuit with the court. However, mediation has been made compulsory by the law for some types of cases. Labor Courts Law No. 7036 was published in the Official Gazette dated 25/10/2017 and numbered 30221. With the provisions of this Law, having applied to a mediator before filing a lawsuit for employee and employer claims and compensation and reemployment requests, which are based on individual or collective labor agreements has become a case condition as of 1/1/2018.

 

Again, with the article 5/A added to the Turkish Commercial Law No. 6102 with article 20 of the Law on the Procedure for the Initiation of the Proceedings of the Money Receivables Arising from the Subscription Agreement No. 7155, which was published in the Official Gazette dated 12/19/2018 and numbered 30630, and entered into force on 01/01/2019, it has been  become case condition to have applied for mediation with regards to commercial lawsuits concerning monetary receivables and compensation claims.  

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Finally, with the provision added to the Law on the Protection of Consumers No.6502  as Article 73/A with the Law No. 7251 on the Amendment of Code of Civil Procedures and Certain Laws, mediation has been become a case condition for lawsuits to be filed in consumer courts related to consumer disputes.

 

In cases where mediation is a  case condition, if a lawsuit is filed without applying to mediation and this deficiency is not completed, the court will reject the case on procedural grounds. Mandatory mediation applications are made to the mediation office located in the courthouses and the mediator is appointed from the list of registered mediators by the personnel in the mediation offices in the courthouses. However, if the parties agree on any mediator in the list, this mediator will be appointed. 

 

Can Mediation be applied for All Cases?

 

In matters that do not concern public order and are suitable for compulsory enforcement, the parties may resort to mediation of their own free will. However, mediation is not allowed, for example, in criminal cases, civil registry cases or child custody cases. Except from this, mediation can be applied in legal disputes, including those involving foreignness elements.

 

Do you waive your right to file a lawsuit by applying to a mediator? 

The parties are completely free to apply to a mediator, to continue the process, to conclude and to abandon this process. The parties have the right to end this process, which they started voluntarily, and to apply to the court. In other words, you are not considered to have waived your right to file a lawsuit.

 

Is the Agreement Reached at the End of the Mediation Process Binding?

 

If the parties reach an agreement at the end of the mediation process, they can submit this agreement to the court and request an annotation regarding its enforceability. The agreement containing this annotation will be considered as a court order. 

If the subject of the dispute is related to family law, these procedures will be carried out by the family court to be determined by the same procedure and with a hearing. If mediation procedure is applied during the trial, the above works and procedures shall be carried out by the court that hears the case.

 

In addition, it should not be forgotten that with the amendment made in Law on Mediation in Civil Disputes, the settlement document signed by the parties, their lawyers and the mediator is defined as a document equal to the court order without seeking an annotation of enforceability; thus the settlement document has been become a document  equal to court order without applying to the court.

 

What are the Advantages of the Mediation Process? 

 

• You will avoid all expenses  that you will have to make during the lawsuit (such as postal expenses, expert, discovery, etc. expenses, travel expenses). You will also save the time that you will have to allocate to the lawsuit by limiting your other works.

• Mediation procedure takes less time compared to a lawsuit in a court.

• The outcome is under the control of the parties.

• The future is taken into consideration, the principal is to protect the interests, not the current legal situation.

• Reliability and confidentiality are important; the parties can easily talk about the subjects here that they cannot talk in front of the court.

• The psychological and sociological risks are low; it creates fewer new problems.

• The method and solution style agreed by the parties are fundamental; the procedure is flexible.

• The dispute is resolved by agreement; both sides win, the social and economic relations of the parties continue.

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