Mediation for Commercial and Labor Law Disputes in Turkish Law

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Mediation for Commercial and Labor Law Disputes in Turkish Law

The Meaning of Mediation and Mediator

In Turkish law, mediation means a dispute resolution method carried out voluntarily, by employing systematic techniques, with the participation of an impartial and independent third person who brings the parties together to discuss and negotiate, who establishes a communication process between the parties in order to ensure that they understand each other and find their own solutions by this means, and who is specially trained.

 

Mediator means a real person who carries out the mediation activity, and is enrolled in the register of mediators regulated by the Ministry of Justice. Unless agreed on another procedure, the mediators may be selected by the parties. The mediator is liable to duly enlighten the parties, at the beginning of the mediation activity, with respect to the principles, process and outcomes of mediation. The mediator performs his/her duty carefully, impartially and personally.

 

In Turkey, around 65% of the Labor disputes and commercial disputes could be resolved much faster and less costly without going to the court, and this has made favorable impacts both on the parties and on the courts whose workload has considerably decreased.

 

Selection of a Mediator

The parties may agree to resort to a mediator, before the law suit is filed or during the course of the law suit. The court may also enlighten and encourage the parties to resort to a mediator.

 

Participation of Sides

In Turkey the mediator may meet or communicate separately with each one of the parties or collectively. The parties may participate in these meetings through their attorneys.

 

Time Limits

The mediator concludes the application within six weeks as from his/her date of appointment. Where necessary, such period may be extended for two weeks as a maximum.

 

 Voluntary & Mandatory Mediation