Nowadays, the diversification of disputes, the increase in the workload of the courts, the judicial process, the increasing costs of the proceedings, the expected benefit from confidentiality, the possibility of the parties to compromise between their own will have increased the need for mediation.
Nowadays, the diversification of disputes, the increase in the workload of the courts, the judicial process, the increasing costs of the proceedings, the expected benefit from confidentiality, the possibility of the parties to compromise between their own will have increased the need for mediation. Especially the duration of the judicial process and the parties' spending time and effort in the proceedings for long years, and the inability to achieve the expected results at the end of the long process have brought alternative solutions to the agenda. In mediation, this is one of the alternative solutions.
Mediation can be defined as 'in order to reach a common solution by taking into consideration the benefits of the parties, by a neutral third party without decision-making authority, a method of dispute resolution that is been.' The mediator is an impartial third party who does not have any benefits in the outcome, does not need to make a decision, the solution proposal is not binding on the parties and facilitates the process. The aim of mediation is to ensure that the benefits of both parties are met to the maximal through peaceful means of discussion; and a result which is expressed as win-win. In this process; parties try to communicate with each other and understand their mutual rights and profits, state their priority issues for each other, agree on how they can resolve issues and find new solutions together.
Therefore, the issue between the parties can be solved more easily and faster through the mediation process and through the mediation.
Mediation can be applied at any stage from the moment when the dispute arises between the parties to the end of the judgment.
In this way, the solution is much faster and low-priced than the solution by court, and is low-priced than the arbitration.
This solution contributes to the smooth communication between the parties and the continuation of the commercial or personal relations of the parties in a much stronger manner.
In mediation, the mediation process proceeds according to the demands of the parties.
In mediation, the content of the conclusion is determined by the parties.
In mediation, the common benefits is taken into consideration.
Confidentiality is essential in mediation.
Mediation allows you to reach a solution in less time and at a low-priced.
Attorney at Law Gizem Demir / Güneş & Güneş Law Firm
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