Mediation is an "alternative dispute resolution" method which is widely used in developed countries in terms of law. Mediation is a very fast and cost-effective method according to the litigation method due to the fact that the parties can use it in dispute resolutions with the help of an impartial third party without going to court or by the direction of the court.
If the mediator is experienced in his / her profession and trained in law and mediation, as well as having indisputably competent qualifications in the dispute in which he / she mediates, it becomes easier to resolve the dispute of the parties.
According to the law on mediation in legal disputes, mediation can only be applied in cases where the parties may be at peace, where it is possible for them to renounce their rights and accept claims, and where a court decision is not required. For example, the parties may not take such matters to the mediator because a court order is required for the divorcement of the parties and for the custody of the child. Again, if the dispute arises from domestic violence, and it is not for the offences listed in the Code of Criminal Procedure as part of reconciliation, that incident shall not be eligible for mediation.
Mediation is a method that has many advantages, especially when compared to litigation.
Thanks to these advantages, mediation is becoming more and more popular in the world and in our country. Mediation protects the relations between people. As mediation is an amicable solution on the basis, it prevents existing relations from deteriorating and ensures the recovery of bad relations.
As the parties continue to communicate in mediation, they have a high chance of finding a common solution in compliance with their wishes.
Mediation provides quick solutions.
Cases subject to the court are solved at an average of eight months at the earliest, with an average of four years, while mediation results can be reached in periods of three hours to one week. Therefore, one can choose mediation to resolve the dispute in a short time.
Mediation is economic.
In case of costs during the case, attorney's fees and late receipt of the right, mediation provides solution with reasonable fees.
Mediation is confidential.
The opinions, documents and offers put forward in mediation are confidential. Therefore, the parties can discuss every issue without hesitation. For this reason, mediation may be preferred on issues that are refrained from public reflection. In mediation, control of the process is depend on the parties. Mediation deals only with matters agreed by the parties. The parties may end mediation at any time.
As of 2018, 70% success has been achieved in resolving the relations especially between workers and employers through the mediator in Turkey.
We, as Savaş KAYAN Law and Mediation Firm, have been operating as “mediator” since 2017 and “Expert Mediator in Labor Law” since 2018.
