Mandatory Mediation Practices in Turkey and Current Developments

Authors : Burçin Yazıcı

Pages : 390-411

Doi:/neuhfd.1365442

View : 98 | Download : 90

Publication Date : 2024-08-30

Article Type : Research Paper

Abstract :In 2012, Turkey introduced a voluntary mediation process, which was subsequently succeeded by the introduction of mandatory mediation in 2018. The practice of mediation within the Turkish jurisdiction is expanding quickly: the number of mediators is growing rapidly, and disputes within the scope of mandatory mediation are prevalent. The enactment of the seventh judicial package in 2023 has led to noteworthy developments in the implementation of compulsory mediation. Despite the fact that Turkish society has the propensity to resolve disputes through litigation, the culture of negotiation has become prevalent since the implementation of the mandatory mediation process. However, it is a fact that society views mandatory mediation as an unnecessary waste of time and an ineffective method. This perception is a result of the inability to effectively convey the “mediation philosophy and culture of reconciliation” to society as a whole. This study seeks to reveal the success of mandatory mediation in Turkey by examining the system’s fundamental dynamics. In addition, attempts were made to convey current developments in the Turkish system, controversial issues, and proposed solutions for the development of the system.
Keywords : Alternatif Uyuşmazlık Yöntemleri, Türk Medeni Yargı Sistemi, Türk Arabuluculuk Kanunu, Zorunlu Arabuluculuk, İhtiyari Arabuluculuk