A mediator is applying mediation methods for the resolution of legal disputes between the parties as an neutral individual registered in the mediator’s registry.
A mediator determines the main dispute and main benefits between the parties and provides a negotiation for this subjects. They offer solutions when it is necessary. Mediator is a person who is is graduated from a law school, with 5 years of Professional seniority, completed the written exam and required educations. Mediators profess by registring to Mediation Registry established by Ministry of Justice-Mediation Head of Department.
The Fundamental Principles of Mediation
Voluntary: Except the compulsory exceptions, the parties are free to apply the mediation, continue the process, conclude the process or renounce the process.
Equality: The parties have equal rights while they apply the mediaton and during the process.
Confidentiality: Unless otherwise agreed by the parties, mediator is obligator to keep confidental the informations and documents which are presented or achieved. Unless otherwise agreed, the parties and who participate as a third party in the negotiations are also required to adapt this confidentiality.
Inability to use statements or documents: The parties, mediator or who participate as third party, when a legal case is opened about the dispution or in arbitration, the following statements or documents can not be submitted as evidence and can not give testimony regarding them;
- a) Invitation to mediation made by the parties or the request of one party to participate in mediation.
- b) Given comments and proposals from the parties to conclude the mediation.
- c) During the mediation, proposals or the acceptance of any fact or claim by the parties.
- d) The documents which are prepared just for mediation.
A court, arbitrator or a administrative authority can not request to disclosure these informations. This statements or documents can not be used in the judgment even if they are presented as an evidence. However, if the informations are required by a law enforcement or in the end of the mediation to apply the arrangament and execution, it will be necessary to use them.