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Mediation brochure prepared by the Ministry of Justice...Look
Mediation; It is a dispute resolution method which is applied by a neutral and expert third party (mediator) arbitration chosen by persons who are party to a private law dispute. Mediation is a system of procedural law which aims to resolve the dispute out of court quickly and precisely.
Disputes related to criminal acts cannot be resolved through mediation. Settlement provisions according to the Code of Criminal Procedure is applied by the mediation offices within each prosecutor's office.
Disputes concerning the legal problems that the parties cannot freely save cannot be solved through mediation. Disputes that the parties cannot save on are mostly disputes arising from public law. In addition to public law, some legal problems related to private law, such as family law, cannot be solved through mediation.
It is important to note that, in accordance with the Code of Criminal Procedure, disputes related to a crime within the scope of reconciliation are also excluded from the mediation law. For these disputes, all disputes must be resolved by the mediation offices of the prosecution offices according to the provisions of the Code of Criminal Procedure.
Other disputes that the parties cannot go to the mediator are:
Cases of correction of population registration and Cases of change of population registration
Disputes involving the claim of domestic violence
Full jurisdiction and annulment case within the jurisdiction of administrative jurisdiction
Disputes arising from tax law
All lawsuits arising from labor law
The parties themselves can participate in mediation negotiations through their legal representatives or their lawyers.The employee authorized by the employer with the written document may also represent the employer in the negotiations and sign the final minutes. (Labor Courts Law No. 7036 m.3 / 18).
In case a party to mediate mediated labor law disputes applies for mediation, both parties have an obligation to participate in the first meeting. (Law No. 491 m.3 / 12). The mediation activity ends when one of the parties fails to attend the first meeting without showing a valid excuse.The party not attending the meeting shall be indicated in the last minutes. This party shall be liable for the entire costs of litigation (attorney's fee, fees, expert fee, expenses etc.), even if it is partially or fully justified in the case of a lawsuit in the labor court. In addition, the attorney's fee is not held in favor of this party that does not attend the first meeting.
The parties' actions in the cases to be filed on the mediation activities which are terminated due to the fact that both parties do not attend the first meeting. the costs of the proceedings are left on their own. That is, both parties pay the costs and fees themselves. In this case, however, the legal attorney's fee may be exercised in favor of the rightful party.
Regardless of the law, which comes from the employment contract, The limitation period for the compensation and fees mentioned below is 5 years. (Labor Law No. 4857 Additional Article):
Compensation resulting from termination of the employment contract without complying with the principle of equal treatment. The statute of limitations is stopped from the application of the mediation office until the date of the last report. At the date of the final submission of the non-resolution of the dispute through mediation,timeout period begins to reprocess (Law No. 491 m.17).
The mediation process must be carried out confidentially. (Mediation Act md.4). The mediator shall keep all information, documents and records which are given to him due to mediation or obtained in any other way.Parties must also respect confidentiality. No one can take pictures, record audio or images during mediation activity. (Mediation Regulation Art. 6). During the mediation activities, it is punishable by imprisonment of up to 6 months, whether acting against privacy as mediator or by the parties (Mediation Act md.33). In addition, the mediation of the mediation record will be removed from the registry. In the event that audio or images are recorded in any environment where the parties come together, the offense is committed. Persons who work for or associated with the mediator must also respect the confidentiality principle.
The mediation process is a process that begins with the free will of the parties. The parties are completely free to apply to the mediator or not to continue the process after the application. The parties may not be forced to participate in this process in any way, and may dispose of the dispute through mediation at any stage. The parties have equal rights throughout the process when applying to the mediator. One of the parties cannot be left out of the mediation process and the right to speak cannot be restricted according to the other (Mediation Act md.5).
The mediator receives a fee in exchange for his service (Mediation Act md.7). The parties have not agreed otherwise; fee of the mediator, at the date of termination of the activity is determined by applying the minimum wage tariff.
The cost of the mediator and all other costs shall be paid equal if not agreed by the other parties. For example; In the case of disputes which can be measured with money, there is a mediation fee which starts at a rate of 6% of the total dispute on both sides and is paid equally by the parties.
The judgment was granted by the Magistrates' Court. It has been announced that the Court of Justice cannot apply for a decision on the decisions of the Supreme Court of Appeals.For this reason, it was decided to reject the request of the defendant attorney.(8. Legal Department of the Supreme Court - Decision: 2017/351).