Mediation

February 10, 2014

The Law on Mediation in Legal Disputes No.6325, published in the Official Gazette dated 22.06.2012 and put into effect on 22.06.2013 introduced a new era for resolution in legal disputes. It should be noted, however, that the mediation process will not be applicable to the resolution of private legal disputes arising from businesses and transactions or allegations of domestic violence, on which the parties do not freely have a right of disposal. For instance, divorce is an area on which the parties do not freely have a right of disposal, and thus not eligible for mediation. The parties would be free to apply for a mediator, continue, finalize or give up the process, as well as to initiate the process prior to the filing of or during the lawsuit regarding such disputes. In cases where the proposal of a party to apply for mediation during trials is not accepted within thirty days, it will be deemed to have been rejected. In the resolution of the dispute, the parties will be provided the option to mutually agree on the method of mediation, provided that it is not in violation with the imperative legal rules. Proceedings that should, by its nature, necessitates trial and be carried out by a judge will not be allowed to be carried out by a mediator. In that regard, mediation should be considered as a mechanism that would advise settlement negotiations during the trials. The parties may apply for mediation following the filing of a lawsuit. In such a case, the court will grant the parties a time period of maximum three months, which can be extended only once for another three months. In cases where the parties reach a settlement as a result of the mediation process, the endorsement to be obtained from the competent court regarding the performability of the agreement will be deemed as one of the documents of a writ nature, which would apparently provide great convenience to the parties regarding the performance of writs. Granting of such endorsement is also a matter of ex parte proceeding, and will be carried through the file except for family law disputes that are suitable for the relevant investigative mediation processes. On the other hand, investigations regarding family law disputes that are suitable for the relevant investigative mediation processes will be carried out with a trial, however, the extent of such investigation will be determined by whether or not the agreement is suitable for mediation and compulsory execution. In cases where the parties intend to use the agreement document without obtaining a practicability endorsement relating to the same, a fixed amount of revenue stamp will be charged.

The fees payable by the parties in a mediation process will be determined based on the Mediation Minimum Fee Tariff.

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