Mediation and Conciliation

Mediation

Mediation is an alternative dispute resolution mechanism that helps resolve disputes between parties. The mediation process is a negotiation process carried out under the guidance of a mediator in line with the parties’ own wishes. Here is important information about mediation:

1. Definition and Purpose:

– Mediation is a negotiation between the parties with the help of a mediator, an independent third party, with the aim of resolving a dispute.

– The mediation process aims to provide a faster and more cost-effective solution by encouraging the parties to find a solution.

2. Mediator:

– A mediator is an expert who facilitates the process and provides support to the parties. The mediator’s roles include providing information, improving communication, and efforts to reconcile the parties.

– It is critical for the success of mediation that the mediator is impartial and ensures that the process takes place in an impartial environment.

3. Mediation Process:

– The process usually consists of the following steps:

1. Başvuru: Taraflar, arabuluculuk sürecine başvururlar.

2. Toplantılar: Arabulucu, taraflara bireysel ve ortak oturumlar düzenleyerek ilgili konuları belirler.

3. Negotiation: Negotiations are held on the needs, concerns and demands of the parties.

4. Çözüm: Taraflar arasında bir uzlaşma sağlanırsa, bu durum yazılı bir anlaşma ile belgeye aktarılır.

4. Advantages:

– Speed: Mediation allows for faster results than court processes.

– Cost: Costs are reduced because the process takes less time and avoids formal court costs.

– Confidentiality: The mediation process is generally a private process and the conversations of the parties are not recorded.

– Flexibility: The parties are free to determine the solutions and process flow.

5. Scope:

– There are many areas where mediation can be applied:

– Commercial disputes

– Employment contracts

– Family law issues (divorce, custody, etc.)

– Consumer disputes

– Environmental issues

6. Mandatory Mediation:

– In some cases, it may be mandatory for the parties to try the mediation process before the dispute is brought to court. This practice is widespread in Turkey, primarily through processes based on the Civil Code and the Law on Mediation in Civil Disputes.

7. Conclusion and Application:

– In the event that a compromise is reached between the parties, the agreement usually created is put in writing and enters into force. If the parties cannot reach an agreement, they reserve the right to apply to the court.

8. International Mediation:

– Mediation is also a frequently used method in international commercial disputes. For this, there are various international mediation institutions.

9. Legal Audit:

– Although the mediation process is more flexible than court processes, it can provide effective legal protection if it is based on written agreements recognized by the courts.

10. Mediation and Conflict Management:

– Mediation is not only a dispute resolution, but also an important method for managing conflicts between parties. The results of mediation usually strengthen the relationships of the parties and create healthier communication environments in the long run.

Today, mediation draws attention with its opportunities to provide a faster and more effective solution than traditional court processes. It has become an important tool in the business world and personal relationships, as it allows disputes to be resolved with a more collective approach.

As Terlemez Law Firm, we serve our Domestic and Foreign Clients with our expert lawyer staff and you can contact us at our contact numbers for more detailed information.

Reconciliation

Conciliation, as an alternative dispute resolution method, is a process developed to enable the parties to resolve their disputes with the help of a professional conciliator through direct negotiations between them. Conciliation can often be applied in a wide range of cases, from criminal disputes to civil law. Here are the basics of reconciliation:

1. Definition and Purpose:

– Conciliation is an alternative that allows a dispute between the parties to be resolved by agreement without the need for a court process. The aim is to understand the needs, concerns and expectations of the parties and to develop a common solution.

2. Conciliator:

– The conciliator is an independent third party to ensure that the process is carried out impartially. The task of the conciliator is to create a solution-oriented environment by ensuring effective communication between the parties.

– It is of great importance for the success of conciliation that the conciliator respects all views of the parties, maintains confidentiality and displays a fair approach.

3. Conciliation Process:

– The conciliation process generally includes the following steps:

1. Başvurunun Yapılması: Tarafların uzlaştırmacıya başvurması.

2. Toplantılar: Uzlaştırmacı, taraflarla bireysel görüşmeler yapar ve ortak oturumlar düzenler.

3. Müzakere: Taraflar arasında açık bir diyalog kurularak, sorunların ve beklentilerin belirlenmesi.

4. Çözüm Geliştirme: Taraflar arasında çözüm önerileri üzerinde müzakere yapılır ve bir anlaşma sağlanır.

4. Scope of Conciliation:

– Reconciliation is frequently used in the following areas:

– Criminal Disputes: In minor offenses or criminal law cases.

– Civil Disputes: In cases such as divorce, custody, inheritance, contract disputes, etc.

– Commercial Disputes: Disputes under commercial law.

5. Advantages:

– Quick Solution: The conciliation process is completed and concluded in a shorter time than court processes.

– Cost-Effectiveness: Savings on court costs and other costs.

– Confidentiality: Reconciliation remains confidential as it usually takes place in a closed environment.

– Control of the Parties: The parties can control the process and the solution. The decision is shaped according to the needs and wishes of the parties.

6. Legal Validity:

– The agreement reached as a result of the conciliation is a binding contract between the parties. The parties have to adapt to the result they have achieved in the conciliation process. However, the enforceability of this agreement by the courts may vary depending on local laws.

7. International Size:

– Conciliation is implemented under a legal framework in many countries. The conciliation method is also preferred in international commercial disputes.

8. Conciliation and Criminal Law:

– According to the Code of Criminal Procedure (CMK) No. 5271 in Turkey, the conciliation process appears as a solution proposal between the victim and the accused in criminal cases. This system is mostly applied within the scope of light criminal law.

9. Limitations of Conciliation:

– Conciliation requires that the parties must reach a common compromise. If a compromise cannot be reached between the parties, the dispute can be brought to court.

10. Audit and Monitoring:

– Although the conciliation process is usually carried out within a certain framework, it is essential to carry out an ethical and fair process between the parties.

Conciliation allows the parties to cooperate and reach a solution with mutual understanding and respect. It stands out as an effective method in resolving disputes.

As Terlemez Law Firm, we serve our Domestic and Foreign Clients with our expert lawyer staff and you can contact us at our contact numbers for more detailed information.