Mediation
Mediation is a form of alternative dispute resolution which has been used effectively in the world and also in Turkey since 2013. ‘Mediation’ is a procedure in which the parties try to settle their dispute amicably with the help of a third person (“mediator”) who does not have the authority to impose a resolution on the parties to the dispute, regardless of the terms used or the procedure carried out.
Mediation has been regulated as an alternative dispute resolution method under the Law numbered 6325. Thus, the settlement(s) that parties reach following the said law can be directly enforced if needed. In addition, the elements such as confidentiality, voluntariness, impartiality, and flexibility increase, spreading its application to a broader range and augment its value overall.
Why mediation?
In the result of the research conducted to find out the reasons of the increase in the use of mediation, International Mediation Institute Working Group No 2 designated five main issues, which can be read as follows:
1) Mediation process is being completed faster compared to other dispute resolution methods.
2) Mediation stands more advantageous regarding the cost and expenses incurring in other methods’ processes.
3) More efficient enforceability due to its origin nourished by parties’ willingness and voluntariness in solving their dispute.
4) Effective involvement of the parties and higher respect attributed for them to be heard throughout the process.
5) Obtaining a sustainable outcome which would naturally keep parties’ relationship ongoing basis.
In a world that have been confronting the digital life and digital industrialization in passing through the period of Covid 19 pandemic, taking quick and economic actions, fast realization of the settlements and execution of agreements became more important than ever in the matters such as international co-operations, investments, manufacturing and producing, employment, logistics, supply(ies), climate crisis, health, shelter, and in other many other similar fields. In that regard, creating a critical value by providing sustainable agreements, it explicitly signals that mediation will continue to foster its application in the near future.
Mediation at The Solution
The Solution has set out primarily to support the increase of mediators' competitive power on a global scale with training programs that include theory and practical studies at a level that will increase mediation knowledge and competencies in our country and obtain international accreditation.
Furthermore, consultancy and application programs are also prepared within the Solution to develop the area, system, and technical and digital infrastructures where mediation will be carried out and ensure that the institutions providing services in this field provide services in accordance with international techniques and methods.
In addition, in-house practical studies and project-based presentation and application studies are carried out to the relevant units of the board of directors for individuals and institutions, who are the primary users of dispute resolutions, to know these methods well and use them appropriately efficiently.