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Optional Mediation

Mediation is the most widely known and applied dispute resolution method among the amicable dispute resolution methods today. Mediation services, which is one of the alternative solutions, are also provided in our office. We have answered some of the questions that you may think of, so that you can have information about this method, which has just been enacted in our country.

 

What Exactly Does a Mediator Do?

The mediator is not the decision maker in this process. It does not even suggest 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 of their own 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.

 

Do I stop 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.

 

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 I reached at the end of the mediation process binding for me?

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 regarding 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 is my advantage when I settle through mediation?

You will save all the expenses you will have to make during the lawsuit (such as postage, expert, discovery, etc. expenses, travel expenses) and you will ensure that the dispute is resolved in a few days or a few weeks. Our office, which provides consultancy services in the field of mediation, provides all necessary legal support to our esteemed clients with its specialized and experienced staff.

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