The whole process of the mediation is in parties freedom, including the apply mediation. Parties can withdraw the process whenever they want, they have complete freedom about the agreement. The fundamental principles in the mediation process include the mediator's neutrality, equal rights for the parties, confidentiality of the entire process, and the non-use of statements and documents. At the end of the process if the parties have an agreement, no lawsuit can be filed regarding the agreed points.
Mediation procedure allows for the resolution of disputes through mediation either before or after they are brought to court.
Before filing a lawsuit, one of the parties can apply to the mediator. If the other party is willing to solve the dispute with mediation process, the issue can be solved by mediation. Mediation application is compulsory for filing a law suit including employer-employee disputes and commercial disputes.
After filing a lawsuit, the judge may inform and encourage parties regarding mediation application. With or without the guidance of the judge, if either party applies for mediation and the other party agrees then the dispute will be solved through mediation.
Mediation is a voluntary process. Although mediation is compulsory for employer-employee and commercial disputes before filing a law suit, if the parties cannot come to an agreement during mediation meetings, parties may file a law suit. During mediation process parties are free to choose a mediator, end the process and coming up with a solution on their own.
Mediation process is confidential. During mediation process the documents and informations submitted by parties and the solution offers are confidential. Breach of confidentiality is subject to criminal liability by law unless otherwise agreed.
Mediation is conducted in accord with equality. Parties have equal rights during mediation process. Occupations, statutes, financial situation is not important. It is not important if either party is right or wrong.