The Law on Mediation in Civil Disputes numbered 6325
("Law") was published in the Official Gazette with the
date of 22.06.2012 and number of 28331 and entered into force on
22.06.2013 as per Article 37 of the Law. Furthermore, the
Regulation on Mediation in Civil Disputes was published in the
Official Gazette with the date of 22.01.2013 and number of 28540
and entered into force again in 22.06.2013.
The Law applies to the resolution of private law disputes -
including those with a foreign element – which arise from the
acts and actions of the parties who possess the capacity to freely
settle such conflicts.
Mediation is defined under Article 2 of the Law as "a
method of voluntary dispute resolution system which is carried out
with the participation of an impartial and independent third party
who has received specific training to convene the relevant parties
with the intention to apply systematic techniques and hold
discussions and negotiations and who assists in the establishment
of a process of communication between the parties in order to
enable them to understand each other and hence reach solutions on
Mediators enrolled in the register are entitled to hold office
as mediators and exercise the relevant power. The requirements for
registration are as follows:
Being a Turkish citizen,
Being a graduate of faculty of law with at least five years of
seniority in his/her profession,
Possessing full legal capacity,
Not being sentenced for an intentional crime,
Completion of training on mediation and passing the written and
practical exam held by the Ministry.
The fundamental principles of Mediation are summarized herein
Impartiality of the Mediator
Mediators should act impartially whilst conducting the mediation
process. In addition, mediators can neither lead the parties in any
manner nor compel the same to accept any solutions.
Voluntariness and Equality
The parties are free to apply to a mediator as well as to
continue the process, to have it finalized or to withdraw
therefrom. Furthermore, the parties shall enjoy equal rights.
Unless otherwise stipulated, the mediator shall be obliged to
keep confidential all information, documentation and other forms of
information submitted to and attained by the mediator within the
framework of the mediation. In addition, the parties are also
obliged to comply with confidentiality in this respect –
unless otherwise agreed.
Ineligibility of Declarations and Documents
In case of the filing of a lawsuit or resort to arbitration
regarding the dispute; the parties, the mediator or a third party
including those involved in mediation, may not cite the
declarations or documents of mediation - such as the invitation to
mediation, the willingness of one of the parties to take part in
mediation, opinions and proposals submitted, the acceptance of the
proposals, facts or allegations as well as all documentation
prepared for the purposes of mediation - as evidence. Nonetheless,
such information may be disclosed to a certain extent as decreed by
a provision of law, or as required for the fulfilment and execution
of a mediation agreement.
Non-calculation of the Period of Limitation During the
The period to ensue from the commencement of the mediation
period to the completion thereof shall not be taken into account in
the calculation of the period of limitation and lapse of time.
In the event that mediation is resorted pursuant to the filing
of the lawsuit, the adjudication shall be postponed for at most
three months (which can be extended for a further three months).
Accordingly, in case of the failure to reach a successful
settlement through mediation, the parties shall not incur any loss
of right due to the expiry of the limitation period.
Finally, we would like to state that the Code of Civil Procedure
has been amended to include mediation and the encouragement of the
courts to mediation in addition to settlement is provided
Its Comparison with Mediation in the UK
Initially, please kindly be informed that there are no
particular laws governing mediation in the UK and that the English
Civil Procedure Rules 1998 refer to and encourage Alternative
Dispute Resolution (ADR) which includes mediation. The courts have
a duty to encourage parties to use ADR if the court considers it to
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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