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MEDIATION

MEDIATION


 
What is mediation?
Mediation is a dispute resolution method that has been used in Europe and the United States for nearly 40 years. It is a process in which people who have been the subject of a lawsuit or may have a dispute, resolve the issue by mutual negotiation in the presence of a mediator.
 
How did the mediation system take place in the Turkish legal system?
In parallel with its development in the world, mediation in our country was a subject that was discussed and discussed, scientific articles and reports were written, especially by academic circles, by the end of the 1990s. With the scientific discussion and studies on the subject reaching the desired density, a scientific commission was established to conduct legal studies on this issue. The “Draft Law on Mediation in Legal Disputes”, which was submitted to the Turkish Grand National Assembly on 03.06.2008, at the end of the long-term work of the Commission by examining world examples, was accepted and enacted in its session dated 7 June 2012.
 
What is the role of mediators?
Mediators apply mediation methods that keep the parties at the table by facilitating their communication. It helps the parties to find their own solutions. While doing this, the mediator does not make a decision that resolves the issue, and does not offer a solution option to the parties. The mediator must be an impartial and independent person. If the mediator has a serious relationship with one of the parties, he should not mediate.
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