Conciliation
Conciliation is a dispute resolution method that aims to resolve disputes between parties through a structured dialogue process facilitated by a neutral and independent third party. It is particularly applied in certain areas of criminal law and matters concerning public order, providing a framework in which issues of harm, responsibility, and reparation can be addressed collectively.
The primary objective of conciliation is not only to bring a legal dispute to an end, but also to reduce tension between the parties, ensure that the harmed party is adequately satisfied, and contribute to social harmony. In this respect, conciliation aligns closely with the principles of restorative justice.
Process
Conciliation is conducted within the framework of applicable legislation and is available for specific types of offences. The process begins with the determination that the case is suitable for conciliation. Participation is based on the voluntary consent of the parties.
The conciliator engages with the parties both individually and jointly in order to:
- Clarify the scope of the dispute and the expectations of the parties
- Analyze both material and non-material aspects of harm
- Structure possible resolution options
- Establish a balanced and secure communication environment
The conciliator does not issue a judgment or impose a decision. The outcome is shaped by the free will of the parties. If an agreement is reached, the conciliation report has legal effect and brings the relevant judicial process to an end.
Confidentiality and Trust
The conciliation process is subject to the principle of confidentiality. Information and statements shared during the process are protected within the limits of the law. This principle enables parties to express themselves more openly and strengthens their willingness to engage in resolution.
ADRİstanbul’s Approach
At ADRİstanbul, our approach to conciliation is guided by:
- Neutrality and independence
- A perspective that addresses not only legal aspects but also relational and structural dimensions
- A methodology that takes into account the needs, expectations, and sensitivities of all parties
We view conciliation not merely as a means of closing a case, but as a process that enables the restoration of trust and the development of sustainable solutions.
How Can We Help You?
Contact us for detailed information about our dispute resolution methods, processes, and customized approaches tailored to your situation.
Frequently Asked Questions
What is the difference between conciliation and mediation?
Conciliation is typically applied to certain types of disputes within the scope of criminal law and is conducted in accordance with specific legal frameworks. Mediation, on the other hand, has a broader scope and is generally based on the voluntary participation of the parties.
Is the conciliation process mandatory?
Conciliation applies only to specific types of offences defined by law. While participation is encouraged once the process is initiated, reaching an agreement is not mandatory.
Is a conciliation agreement legally binding?
Yes. If an agreement is reached, the conciliation report has legal effect and brings the relevant judicial process to an end.
How long does the conciliation process take?
The duration depends on the nature of the case and the approach of the parties. However, it is designed to be completed significantly faster than formal judicial proceedings.
Can statements made during conciliation be used later?
No. The process is based on confidentiality, and all information shared during the sessions is protected within the legal framework.