Mediation & Alternative Dispute Resolution

EREN & GONCE Law and Consultancy Office provides comprehensive legal support to its clients in the field of mediation and alternative dispute resolution methods. In this context, the firm actively manages arbitration, mediation, and settlement processes. Thus, clients reach solutions without entering into long and costly litigation processes.

WHAT IS MEDIATION?

Mediation aims to resolve disputes between parties without going to court. In this process, a mediator, who is an impartial third party, manages the process; however, the parties make the decision.

For this reason, mediation differs from the classic trial process. Furthermore, the parties generate their own solutions themselves. Today, it is actively used in many fields of law.

BASIC PRINCIPLES OF MEDIATION

The mediation process is based on certain principles. These principles increase the reliability of the process and establish balance between the parties.

• Voluntariness: Parties participate in the process of their own free will.
• Impartiality: The mediator remains at an equal distance from the parties.
• Confidentiality: Parties protect the information shared during the process.
• Equality: Parties participate in the process with equal rights.

Thanks to these principles, the parties negotiate more comfortably. At the same time, the process proceeds more soundly.

WHAT ARE ALTERNATIVE DISPUTE RESOLUTION METHODS?

Alternative dispute resolution methods refer to out-of-court resolution paths. Mediation is the most common among these methods. However, there are also different options:

• Conciliation
• Arbitration
• Negotiation
• Expert Determination

These methods provide advantages in terms of time and cost. In addition, the parties preserve their relationship with each other.

ADVANTAGES OF MEDIATION

Mediation provides significant advantages to the parties. First of all, the process proceeds quickly. Besides this, the parties reach a conclusion at a lower cost.

Also:

• Parties achieve a solution in a short time
• Parties save on litigation expenses
• Parties preserve their relationships
• Thanks to confidentiality, parties protect their reputations

Therefore, it is frequently preferred, especially in commercial and labor disputes.

IN WHICH DISPUTES IS MEDIATION APPLIED?

Mediation is applied in many fields. However, for some disputes, the law makes this path mandatory.

The most common fields are:

• Labor law disputes
• Commercial disputes
• Consumer disputes
• Rent and debt relations
• Certain matters related to family law

Depending on the type of dispute, the parties use mediation on a mandatory or voluntary basis.

HOW DOES THE MEDIATION PROCESS WORK?

One of the parties makes an application and the process begins. Then, the mediator brings the parties together and directs the meetings.

In this process, the parties:

• Clearly state their demands
• Present solution proposals
• Conduct mutual negotiation

As a result, if the parties reach an agreement, the process is completed. Otherwise, the parties resort to filing a lawsuit.

LEGAL NATURE OF THE MEDIATION AGREEMENT

When the parties reach an agreement, they prepare and sign a written document. Thus, the agreement becomes binding.

Furthermore, if the necessary conditions are met, the parties can make this document enforceable. Thus, the agreement creates a powerful legal result.

COMMON MISTAKES IN MEDIATION

In practice, some mistakes negatively affect the process. For this reason, the parties should pay attention to the following points:

• Underestimating the process
• Not expressing demands clearly
• Proceeding without obtaining legal support
• Preparing the agreement document incompletely

These mistakes cause new disputes to emerge in the future.

WHY IS LEGAL SUPPORT IMPORTANT IN MEDIATION?

Mediation offers a flexible structure; however, its results create direct legal bindingness. Therefore, managing the process correctly is of great importance.

Thanks to attorney support, parties:

• Prevent the loss of rights
• Manage the process more consciously
• Formulate the agreement correctly

As a result, professional support increases the success of the process.

FREQUENTLY ASKED QUESTIONS

INFORMATION

The information on this page is for general information purposes only. Therefore, the content does not constitute legal advice. Professional support must be obtained for specific cases.