Mediation and Conciliation Methods

Alternative Dispute Resolution Methods

In today’s legal world, mediation and conciliation methods are becoming increasingly important as an alternative to traditional judicial remedies. These methods offer time and cost savings by enabling the parties to solve their problems through mutual agreement. At the same time, they contribute to the more effective functioning of the justice system by reducing the workload of the courts.

Mediation: Definition and Characteristics

Mediation is a process that allows the disputing parties to come up with their own solutions with the help of a neutral third party (mediator). The mediator facilitates communication between the parties and tries to bring them to a common point. However, the decision-making authority belongs to the parties.

This process is voluntary and confidential. In this way, the parties can discuss their problems in a more comfortable environment, away from the stress and anxiety they may experience during the court process.

Reconciliation Definition and Characteristics

Conciliation is a similar method to mediation, but with some differences. In the conciliation process, the neutral third party (conciliator) assumes a more active role and may suggest solutions. However, the final decision still belongs to the parties.

In this method, which is generally used in criminal law, in case of reconciliation between the victim and the perpetrator for some types of crimes, a lawsuit may not be filed or a lawsuit may be dismissed.

Advantages of Mediation and Conciliation

These alternative dispute resolution methods have many advantages. It saves time and results much faster than court proceedings. Cost-effective, more economical compared to litigation costs. Provides flexibility, parties can find solutions that suit their needs.

It also prevents damage to the relationships between the parties, especially in business or family disputes. As the process is confidential, sensitive issues are prevented from being publicized.

Mediation and Conciliation Practices in Turkey

In Turkey, mediation has gained a legal basis with the Law on Mediation in Civil Disputes enacted in 2012. As of 2018, mediation has become a condition of litigation in some disputes in the field of labor law.

Conciliation, on the other hand, was introduced into the Turkish legal system with the amendment to the Criminal Procedure Code in 2005. Accordingly, in some crimes, if a reconciliation is reached between the victim and the perpetrator, a public case is not filed or the case is dismissed.

Mediation Process

The mediation process usually consists of the following stages: Application, mediator selection, preliminary meeting, joint session, private sessions and agreement. One or both parties apply for mediation. The parties agree on or request the appointment of a mediator. The mediator meets with the parties separately to explain the process and learn the details of the dispute.

The parties then come together and discuss their problems with the mediator’s help. If necessary, the mediator may meet with the parties separately. If the parties reach a solution, this is put in writing and signed.

Reconciliation Process

The settlement process, especially in criminal law, proceeds as follows: Settlement offer, acceptance, negotiations, agreement and approval. The prosecutor or judge makes an offer of conciliation to the parties when they deem it appropriate. If the parties accept the offer, a conciliator is appointed.

The conciliator negotiates with the parties separately and together. If the parties reach an agreement, this is put in writing and signed. Finally, the agreement is approved by the prosecutor or judge.

Considerations in Mediation and Conciliation

For these processes to be successful, some points should be considered. Parties should voluntarily participate in the process and be open and honest with each other. They should be open to different solutions and keep in mind that the process may take time.

It is also important to have the support of a lawyer or expert when necessary. These factors make mediation and conciliation processes more efficient and effective.

Mediation and conciliation methods have become indispensable elements of modern legal systems. These methods ensure that disputes are resolved more quickly, economically and to the satisfaction of the parties.

The use of these methods is becoming increasingly widespread in Turkey. Especially with the introduction of mandatory mediation in the field of labor law, a significant reduction in the workload of the courts has been observed.

In the future, mediation and conciliation methods are expected to become more widespread and compulsory in different areas of law. This will contribute to a more efficient functioning of the justice system and to the strengthening of social peace.