In the resolution of disputes between persons, a new alternative solution has been arranged in our law in addition to the usual ways known. Although there are different ways of implementation in foreign countries, düzenleme mediation ”has started in our country with a completely unique regulation. The application will mature in the process, the disruptions will be eliminated and additional arrangements will be made for the system to work more efficiently. Now, ul Mediation Artık has entered our law as institutional and functional. The efforts and efforts to be made on this matter will only determine the extent to which the Mediation activity is preferred in the resolution of disputes.
The debates made during the law studies on mediation have been concluded by the decision of the lawyers and this result has been accurate in terms of healthy and functional implementation. Jurists; It is a social layer which is developed between the social aspects and which analyzes the human relations well and is located between the continuous society. In terms of these qualities, it is not without a reason that they are the only ones who have chosen to perform ul Mediation ”activities. Having studied law and being involved in legal studies, it has resulted in easy adaptation to “Mediation” activities.
Those who want to be mediators should be successful in written and applied exams after attending the training programs authorized by kurum Mediation eğitim. However, those who have five years of professional experience can be mediators.
It is optional that the parties apply to the Mediator and whether they continue the process is entirely up to their will. Since the conclusion of the process with the agreement arises as a result of their own will, there is no indigestion in the parties regarding the accepted solution. In short, the parties find solutions to their own problems. This solution turns into an enforceable decision under the provision of judgment. Since the mediator does not propose a solution to the parties, only the effort is made to ensure that the process runs in a healthy way, the resulting solution is completely owned by the parties. In this respect, mediation activity differs from classical judicial activity and arbitration. There are no third-party decision-makers, but the parties that are in dispute. In this way, the solution will be more upheld and adopted by the parties. For this reason, there will be less disputes in the execution of decisions.
The mediation method is applied to the settlement of private law disputes arising from the business or transactions on which the parties can freely save. It is understandable that the mediation process has been closed, as well as the public disputes that cannot be saved by the parties.
Mediation, a new field of professional activity, also has a number of ethical rules to which the mediator is bound. The most important of these is the obligation to keep secrets. This obligation allows the parties to apply to the mediator with peace of mind, but if they are not satisfied with this process, they can take any legal action without any loss or risk. Without waiting for long court proceedings, paying astronomical expenses, experiencing psychological tensions and stressful days, the parties had the opportunity to reach a solution easily. Since the result obtained becomes a court decision in the judgment, a new trial cannot be made on the same issue.
The dispute between individuals and the increase in the workload of the courts accelerated the search for alternative solutions in legal disputes. Mediation will fill a large gap in this sense and take up a large part of the burden of the judiciary. However, a number of legal arrangements are needed for further development of the system. There is a need for arrangements for the promotion of mediation and for the mandatory redirection of certain judicial activities primarily to mediators, and above all for more mediators.
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