Akademik Veri Yönetim Sistemi
International Conference of Strategic Research in Social Science and Education, Antalya, Türkiye, 13 - 15 Ekim 2017, ss.21, (Özet Bildiri)
The history of Alternative Dispute Resolution (ADR) dates back 4000 years. One of these methods is mediation, which originated in the Anglo-American legal system, spread throughout the continental European countries, and was incorporated in the European Union (EU) regulations. This method, which is one of the fastest alternative dispute resolution methods in the world, is a different approach as compared to routine processes of litigation or arbitration. In the beginning, it was questioningly in the EU, however then it was realized that this makes access to justice, faster and easy, therefore there was a need establish ADR options.
In 2008, the EU Directive 2008/52/EC of the European Parliament and of the Council on Certain Aspects of Mediation in Civil and Commercial Matters was entered into force. The USA and EU regulations regarding mediation affected Turkish Law and because of that The Law on Mediation in Legal Disputes (HUAK) Law No. 6325 was entered into force on June 22, 2013.
The objective of this paper is primarily to answer some questions such as why mediation process is needed in Turkey, who can be a mediator, what kind of cases are convenient for the mediation process, when to apply for mediation, how mediation process ends etc. Also the problems related to mediation will be addressed and suggestions for solutions will be made.