A CALCULATED ALTERNATIVE TO DISPUTE RESOLUTION: “MEDIATION CONTRACTS PRIOR TO DISPUTES


Koçoğlu S.

İstanbul Medeniyet Üniversitesi Hukuk Fakültesi Dergisi, vol.5, no.8, pp.151-181, 2020 (Peer-Reviewed Journal)

  • Publication Type: Article / Article
  • Volume: 5 Issue: 8
  • Publication Date: 2020
  • Journal Name: İstanbul Medeniyet Üniversitesi Hukuk Fakültesi Dergisi
  • Page Numbers: pp.151-181

Abstract

While mediation is a novel institution regarding Turkish Law, its meaning and

characteristics are not foreign to any society. Mediation is an institution which

aims to resolve disputes between individuals through peaceful means. As such,

individuals do not have to go through a corrosive litigation process and it ensures

that the dispute is resolved in a fashion which satisfies them, even if in a limited

manner.


Law No. 6325 on Mediation in Civil Disputes adopted in 2012 regulates the legal

regime of the institution of mediation. The Law entered into force on the 22nd of

June 2013. With entry into force of this legislation, the institution of mediation

has become a more systematic field necessitating expertise.


This study examines the mediation contract covering the declaration of intent of

the parties regarding their will to resolve their disputes by way of mediation, as

well as the elements of this contract and other contracts prepared during the

mediation phase. In practice, mediation contracts prior to disputes or for existing

disputes are rarely observed. Considering that the ideal time to adopt mediation

is before the existence of a dispute and that we live in a global age where contracts

with foreigners are wide-spread, this article has been prepared in order to relay

information on the functioning of mediation contracts under Turkish law and to

eliminate any lack of information on the implementation of these contracts.