You can learn the answers to questions like "In which areas is mediation applied?", "How is the selection of a mediator made?" and "What are the duties of mediators?".
Which Disputes Are Suitable For Mediation?
Mediation is used in private law disputes in any kind of business and transactions which they can decide freely. Some disputes specified in the legislations as mandatory mediation. Debts arising from subscription agreements, disputes related to non-competition agreements, debts arising from commission contracts, reinstatement, severance pay, notice pay, debts arising from wage claims, overtime pay, annual paid leave pay, and debts arising from the Cooperative Law are subject to mandatory mediation before filing a lawsuit. Rent claims, property division after divorce, elimination of partnerships, malpractice, compensation for loss of support, and disputes arising from construction and contract of Works and many other subjects are also suitable for mediation. In cases like this, the parties or their legal representatives may apply a mediator or a medition center for their disputes.
How To Choose A Mediator?
Parties can choose the mediator. If the parties can not have an agreement about chosing the mediator, the mediation center employees in courthouses will appoint a mediator from the Mediator Registry list.
What Does A Mediator’s Mission?
Mediator is not the decision maker in the process. Mediator can only offer solution ideas when it is necessary. Mediator encourages the parties to have an agreement by determining the interests and the dispute subject. The parties generate their solutions while they try to understand each other and as a result of this, mediation process works effectively.
Can Disputes Arising From Rental Affairs Be Resolved Through Mediation?
Any dispute arising from rental debts can be resolved through the mediation method. If both of the parties are commercial company, they have to aplly mediation as an obligation for their rental disputes. Parties can apply to mediation office in courthouses or they can apply a mediator they trust or a mediation center. Mediation meetings can be done in mediation centers or face to face in mediator’s offices, in this case, parties may request to protecting the social distance. Also, as part of the health measures and parties requests, mediations meetings can be done with teleconference or video conference. Applying mediation for rental disputes are mandatory since 01.09.2024.
What is The Meaning of That Mediation as a Case Condition?
For some disputes specified in the legislations, the party who wants to file a lawsuit must primarily apply the mediation process; if there is no agreement at the end of the meeting, the party can file a lawsuit.
Is Mediation an Expensive Way?
Unlike a lawsuit, the parties of mediation do not pay any fees during the medation process. Parties also don’t pay for decleration, expert, witness and viewing expenses. Parties only pay to the mediator fort he time spent during meetings according to the Mediation Minimum Wage Tariff. If the parties apply this process with their lawyers, they must pay a seperate price to their lawyers. However, considering that parties will have to pay fees to their lawyers when a lawsuit is filed, applying mediation is a less costly method than filing a lawsuit.
What Are The Advantages Of Mediation?
- You do not have to make expenses that you would do for a law suit (such as decleration, expert, view and travel expenses)
- You will not lose time from trial procedures.
- It will take less time compared to a law suit.
- The outcome is under your control. You will decide whether to agree or not, and if you agree, you determine the terms of the agreement.
- Privacy is essential; the parties can freely discuss here what they cannot discuss in a courtroom. No one else can learn what is being discussed.
- Creates less new problem.
- Settles through agreement, both parties win, the social and economical relationship between parties are preserved.
What Stage is Suitable For Mediation?
There is no rule about this. The parties can go to mediation before they file a law suit or they apply arbitration, and they can also g oto mediation even after they file a law suit.
Will I Lose My Right To Sue If I Apply For Mediation?
Applying mediation does not eliminate the right to filing a lawsuit. You can start and end this procedure voluntarily and when you end it, you can file a law suit. The parties are completely free tou apply, continue, conclude and abondon the mediation. It is natural that when you apply mediation and then have an agreement on the dispuse, the parties can’t file a lawsuit on that topics because there is no any dispuse topic anymore.
In What Cases The Mediation Ends?
The mediation process will end in case of:
If the parties settle the dispute with an agreement.
If one of the parties declares to the other party or to the mediator that he/she withdraw from mediation.
If the parties finalize the mediation with an agreement.
If it is confirmed by the mediator that making an effort for the mediation is unnecessary after consulting with the parties.
If it is confirmed that the dispute is not suitable for mediation.
What Can Be Done If The Obligations In The Mediation Agreement Document Are Not Performed?
If the parties have an agreement before the mediation procedure ends without filing a lawsuit then the parties can ask for an annotation of enforceability from Civil Court of Peace. The parties will have the mediation result ratified before the court. After the ratification, the agreement between parties will acquire legal status as a court ruling. If the obligations are not fulfilled then it will be fulfilled through execution.
The documents signed by parties or lawyers can be executed just like a court ruling without the need of an annotiation of enforceability.
In The Employer-Employee Relationship For The Disputes Cause From Non-Competition Clause, Which Type Of Mediation Should Be Done?
If there is a non-competition clause in the employment contract in the employer-employee relationship, a dual distinction is made for the mediation process. If the employee violates the non-competition clause while the employment contract is still ongoing, mediation is related to labor disputes, and mediation is a prerequisite for disputes between the employee and the employer. If there is a dispute arising from the violation of the non-competition clause after the termination of the employment relationship, the commercial dispute is a prerequisite for mediation. In both cases, parties can initiate the mediation process by applying to a mediator or a mediation center.
How Should Be The Settlement Protocol Be In The Applications For Reinstatement Dispuses?
If the parties are agreed on reinstatement of the employee, the agreement protocol shoul involve these points according to Article 21 of the Labor Law.
a) The date of reemployment,
b) The monetary amount of the four-month accrued salary and other entitlements,
c) In case of the empoyemee is not reinstated, the mediation settlement protocol should resolve the monetary amount of non-employment compensation. Otherwise an agreement is considered not reached and the official record should be prepared by the mediator as non-agreement.
Are Lawsuits For The Annulment Of Objections In The Scope Of Mandatory Mediation?
It depends on the base of the relationship. If the subject involves a certain amount of money claims and compensations, and if it does not under mandatory mediation, the parties can voluntarily resolve the dispute through mediation. For example, claims arising from a lease relationship are not subject to mandatory mediation, so lawsuits for the annulment of objections are also not subject to mandatory mediation. In this case, the dispute can be resolved through voluntarily mediation. However, objections for annulment of objection lawsuits arising from lease agreements where both parties are traders are in the scope of mandatory mediation. In both cases, the parties or their legal representatives can apply a mediator or mediation center to resolve the dispute through mediation.In
Which Disputes Are Mediation Applied?
In disputes which arise from private law and parties can freely disposes are appropriate for mediation. Disputes arising from labor law and commercial law are within the scope of mandatory mediation. Before filing a lawsuit in many disputes such as reinstatement, severance pay, notice pay, wage claims, overtime pay, annual paid leave claims, money claims arising from subscription agreements, disputes related to non-compete agreements, claims arising from commission contracts, claims arising from cooperative law, and claims arising from current accounts are mandatory to apply to a mediator. Many issues such as rent claims, post-divorce property settlement, dissolution of partnership, malpractice, material and moral compensation due to work accidents, compensation for loss of support, disputes arising from construction and work contracts are suitable for mediation. In such cases, the parties or their legal representatives may apply a mediator or a mediation center to solve the disputes.
Are Mediation Settlement Documents Subject To Fees And Taxes?
To give an enforceable annotation an the agreement document, if the relevant party request of appeal the fixed fee must taken. If the parties wants to use the agreement document before the enforceable annotation on it, they must pay fixed stamp duty. Beside this, no fees or taxes are paid fort he mediation agreements.