Mediation is an ADR (Alternative Dispute Resolution) method that helps parties to settle the dispute under the assistance of a neutral third party (a Mediator) without being the subject of common legal procedures. After a special training in mediation and succeeding in exam, attorneys/lawyers as “mediators”, bring the parties together in order to facilitate the meeting and negotiation process, help them to reach a mutually acceptable settlement. With the approval by the Court, the mutually acceptable settlement of issues in dispute shall have the power of a judicial ruling and therefore the objective shall be reached without having the common legal procedures.
Why the mediation in dispute resolution?
- Mediation is a quicker and affordable dispute resolution method. In this context, with the help of the neutral Mediator, parties may reach a solution without going through the long legal process. Under the supervision of the professional Mediator, parties get informed about the legal issues and therefore, they do not need to seek advice from other professionals over and over again. In addition, there wouldn’t be a chain of hearings that take long time since the Mediator is obliged to perform this service in a specific period of time. The method is affordable, since there is no case fee in this ADR.
- Mediation is a confidential process. Unless decided otherwise, all the issues and conflicts those are subject to the meetings and negotiations between the parties are deemed confidential. The issues negotiated shall not be disclosed by the parties nor by the Mediator. In case the Mediation fails, information and documents acquired in negotiations shall not be used as evidence in a lawsuit.
- Mediation is on a volunteer basis. Even though, there may be ongoing preparations to make the Mediation obligatory in some of the disputes, the mediation is still based on volunteering. In this context, by apponting a Mediator whom you trust, you can expedite the dispute resolution process. In addition, you can always choose to have a lawsuit process in the case the Mediation fails.
As briefly stated above, Mediation is a quicker, affordable, confidential and amicable dispute resolution way. The only way for Mediation to be beneficial is working with a professional Mediator. The Mediators of Buyukkaya are specialised on “Commercial Disputes – Disputes between Employees/Employers – Family Law related Disputes and Tenant Law related Disputes”. The Mediators of Buyukkaya are mostly qualified on resolving such issues since they have been representing Clients of both sides as lawyers.