Mediation

Another important feature of the mediation process is confidentiality. Turkish legislation, specifically the Law on Mediation in Civil Disputes No. 6325, places great importance on the confidentiality of the mediation process. According to Article 4 of the law, unless otherwise agreed by the parties, the mediator is obliged to keep all information and documents related to the process confidential. This obligation allows the parties to speak freely, express their reservations and concerns openly, thus enabling a better understanding of their real feelings and needs.

The principle of confidentiality covers not only the mediator but also the parties and other participants in the meetings. Parties should avoid sharing information about the process with third parties. This ensures that the mediation process remains a safe space and allows the parties to seek solutions sincerely. Confidentiality also helps to maintain the integrity and objectivity of the process, increasing trust between the parties and supporting a solution-oriented approach.

This confidentiality commitment continues even after the mediation process ends, meaning that the parties and the mediator commit to not disclosing the details of the process at a later time. This contributes to the long-term sustainability of mediation agreements and guarantees the protection of the parties’ personal or commercial secrets.

Voluntary Mediation is a process where parties voluntarily and before filing a lawsuit, apply to a mediator to resolve their disputes. This method is especially preferred for disputes in the field of private law and allows the parties to avoid the costs and time loss that court processes might create. Mediation offers a solution-oriented approach, helping the parties reach mutually satisfactory results.

Starting and Conducting the Process:

The voluntary mediation process generally begins with the joint selection of a mediator by the parties or one party selecting a mediator from a list of mediators and inviting the other party to participate. In Turkey, mediators are individuals approved and officially listed by the Ministry of Justice. The selected mediator arranges the first meeting as soon as possible, where the mediator evaluates the nature of the dispute, the expectations, and the desires of the parties. The mediator shapes the process according to the needs of the parties and the characteristics of the dispute, encouraging the voluntary participation and open communication of the parties.

Conducting Mediation Activities:

Throughout the mediation process, the mediator acts as a bridge between the parties. The mediator facilitates understanding between the parties, helps them overcome communication barriers, and guides the negotiations constructively. The mediator creates the necessary atmosphere for the parties to develop solution proposals and balances the interests of both parties. In the mediation process, parties make decisions based on their own free will without being forced into the mediator’s solution proposals. When an agreement is reached, this agreement can be signed by the parties to become a document with the force of a court order, thus increasing its legal bindingness and enforceability.

Confidentiality Principle:

Throughout the process, all mediation activities are kept confidential. According to Turkish legislation, the parties and the mediator cannot share information related to the process with third parties. This principle of confidentiality ensures that the parties can speak freely and share sensitive information comfortably. Voluntary mediation is an effective dispute resolution method that allows parties to create their own solutions in a less formal and more flexible environment. This process can help parties maintain long-term relationships and continue working together.

Mandatory Mediation is recognized as a priority solution method for certain legal disputes in Turkey, serving as a prerequisite for filing a lawsuit in specific cases. This system encourages parties to find solutions through mediation instead of long court proceedings. Mandatory mediation is particularly applied in labor, commercial, and consumer disputes, and in cases where the mediation phase is skipped, the lawsuit is dismissed due to the absence of litigation conditions.

Scope of Mandatory Mediation:

Labor Disputes:

With the enforcement of the Labor Courts Law No. 7036 in 2018, it has become mandatory to apply to a mediator for claims based on individual or collective labor contracts, such as receivables, compensation claims, and reinstatement lawsuits. This law aims to reduce the burden on labor courts and resolve labor disputes more quickly.

Commercial Disputes:

From January 1, 2019, it has become mandatory to apply for mediation in certain commercial disputes according to the Turkish Commercial Code No. 6102. Specifically, mediation is required for disputes involving monetary claims and compensation claims before a lawsuit can be filed. 

Consumer Disputes:

Since July 28, 2020, mediation has become mandatory for consumer disputes exceeding certain monetary limits under the Consumer Protection Law No. 6502. This practice aims to protect consumer rights more effectively and reduce the workload of consumer courts.

Conducting the Mandatory Mediation Process:

The mandatory mediation process begins with the selection of a mediator by the parties. Parties can choose an appropriate mediator from the list of mediators approved by the Ministry of Justice. The mediator invites the parties to the first meeting and acts impartially and independently to resolve the dispute. The mediation process is typically completed within a few weeks, and if the parties reach an agreement, the resulting mediation agreement is binding like a judicial decision.

Confidentiality and Binding Nature:

Confidentiality is essential in the mandatory mediation process. The parties and the mediator cannot share information related to the process with third parties. This encourages the parties to communicate more openly and seek solutions. If an agreement is reached, the terms agreed upon by the parties are legally binding and enforceable.

Mandatory mediation plays a significant role in speeding up dispute resolution processes, reducing court workloads, and ensuring sustainable agreements between parties in Turkey.