What is Mediation?

Mediation is the most widely known and applied dispute resolution method among the amicable dispute resolution methods.

Who is the Mediator?

The mediator is an impartial third person who, by applying systematic techniques, brings the parties together in order to negotiate and negotiate, so that they can understand each other and thus produce their own solutions and establish a communication process between them.

What Exactly Does a Mediator Do?

The mediator is not the decision maker in this process. It does not even offer any solution to the parties. The parties resolve the dispute themselves by reconciliation. The mediator tries to identify the main conflicts and interests of the parties and to enable them to discuss and find solutions on these issues. Here, the parties produce their own solutions and try to understand each other while doing this.

When Can I Go to Mediator?

You can go to a mediator after a dispute arises between you and the other party, but before applying to the court or arbitration, or you can go to a mediator after filing a lawsuit in court.

Are All Cases Covered by Mediation?

No. Mediation is only possible in matters that the parties can decide with their free will. To put it more clearly; Parties may go to mediation in matters that do not concern public order and are suitable for enforcement. Mediation is not possible in matters that the parties cannot contract, for example, in criminal cases, in civil registration cases or in cases related to the custody of children.

Is it possible to give up on filing a lawsuit by applying to a mediator?

No. The parties are completely free to apply to a mediator, to continue the process, to conclude and to abandon this process. You can end this process, which you started with your own will, and apply to the court.

Is mediation an expensive method?

Until the conclusion of the process, the parties do not have to pay any fees in the mediation process, unlike the case, and they do not pay expenses such as notification, expert witness, witness and discovery. Only the mediator is paid according to the duration of his activity, in accordance with the Mediation Minimum Fee Schedule. Also, a private meeting place etc. If necessary, these costs must be paid. If the parties will participate in this process with their lawyers, they will also pay a fee to their lawyers.

Who will cover the fees and expenses in the mediation process?

Unless the parties agree otherwise, they will cover all costs in the mediation process equally.

Is the agreement reached at the end of the mediation process binding on the parties?

If the parties reach an agreement at the end of the mediation process, they will be able to submit this agreement to the court of law, which will be determined according to the rules of authority and duty on the actual dispute, and request an annotation regarding its enforceability. The agreement containing this annotation is considered as a judgment document. Since the issuance of an enforceability annotation is a non-contentious judicial matter in nature, the relevant examination can also be made through the file. However, if the subject of 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 is used during the trial, the above works and procedures will undoubtedly be carried out by the court that hears the case.

What will the court pay attention to when issuing an enforceable annotation?

Court; It will examine whether the agreement and its content are among the works that the parties can freely dispose of and whether they are suitable for compulsory execution.

What are the advantages when an agreement is reached through mediation?

You will save all the expenses you have to make during the case (such as postage, expert, discovery, etc. expenses, travel expenses) and the time you will have to spare for the courthouse by limiting your other works due to the trial.
It takes less time than court.
The outcome is under the control of the parties.
Looking to the future, it is essential to protect the interests, not the current legal situation.
Reliability and confidentiality are important; The parties can easily talk here that they cannot speak in front of the court.
The psychological and sociological risk is low; creates fewer new problems.
The method and solution style agreed by the parties are fundamental and flexible.
It is resolved by agreement; both sides win, the social and economic relations of the parties continue. Izmir Lawyer, Izmir Freelance Lawyer, Divorce Lawyer, Enforcement Lawyer, Izmir Law Firm, Criminal Lawyer, Inheritance Lawyer, Real Estate Lawyer, Labor Lawyer, Labor Lawyer, Family Lawyer, Land Registry Lawyer, Floor Easement, Condominium Ownership, Traffic Fines, Appeal , Postponing the Announcement of the Judgment, Reduction of Penalty, Population Procedures, İzmir Bar Association, Union of Turkish Bar Associations