Mediation
Mediation in Turkish Law: Easy Dispute Resolution Method. If the parties are experiencing a dispute, they can apply to a mediator of their own choice and use the mediation method in Turkish law to resolve their disputes. The duty of mediators is not to resolve the dispute between the parties, but to ensure that the process proceeds smoothly and smoothly. Mediators do not aim to determine the right or wrong side. Mediators share ideas to help parties reach common ground. In this way, the number of common points between the parties increases and the dispute gets closer to resolution. Mediation method in Turkish law is of two types: mandatory and optional. Mandatory mediation is a method that must be applied before filing a lawsuit in cases specified by law.
Conciliation
Reconciliation, within the scope of the Criminal Procedure Law, aims to reconcile the offender with the victim through a mediator. Reconciliation can be applied at any stage of the investigation or criminal trial process, but the most ideal situation is reconciliation during the court phase. If the judge is convinced that the crime falls within the scope of reconciliation, he/she may suggest or request reconciliation between the parties. When an agreement is reached, the offender must fulfill certain conditions and compensate for the damage resulting from the commission of the crime. If the reconciliation provisions are fulfilled, the execution is suspended and the case is dropped.
Crimes within the scope of reconciliation can be those that disrupt people's daily lives and peace, such as violation of residential inviolability, insult to a person's memory, damaging places of worship and cemeteries, and abuse of trust. At the end of the reconciliation process, a reconciliation report is prepared and presented to the court. The court confirms or rejects the fulfillment of the reconciliation. If the reconciliation is fulfilled, no penalty is imposed on the offender or if a penalty has been imposed, this penalty is canceled.
Arbitration
Arbitration is based on the parties' desire to have their disputes resolved by a trusted arbitrator. The method of arbitration is an alternative to resolving disputes between parties through the courts. This method is preferred more in international disputes because court processes can be limited by local laws and may require knowledge of the parties' local laws. International arbitration aims to resolve disputes between parties according to international legal rules.
The arbitration process involves addressing and resolving disputes between parties according to a specific method. In this method, parties can apply to an arbitration institution or an arbitrator. The arbitration institution or arbitrator listens to the dispute between the parties and examines the statements of the parties. At the end, the arbitration institution or arbitrator issues an arbitration decision to resolve the dispute between the parties.
The arbitration method can be divided into private and institutional. In private arbitration, the parties select a trusted arbitrator and are obliged to comply with the arbitration decision made by this arbitrator. In institutional arbitration, the parties are obliged to comply with the arbitration decision made by the chosen arbitration institution. In institutional arbitration, it is necessary to comply with the arbitration rules and procedures determined by the arbitration institutions.
Arbitration decisions are binding and effective, similar to court decisions. Arbitration decisions can be made more quickly and efficiently than court decisions. Disputes not resolved by arbitration must be resolved by legal means. For disputes resolved in this way, there are courts or justice authorities. The legal route is a more time-consuming and costly method compared to the arbitration route. However, disputes resolved by legal means have decisions with a more legal basis than arbitration decisions. Both arbitration and legal means aim to resolve disputes in a neutral and objective manner. However, the fact that the arbitration route is faster and less costly, and the absence of legal obligations found in the legal route, indicates that arbitration is the preferred method.
Negotiation
The negotiation method is a technique used to resolve disputes between parties. In this method, the parties try to reach an agreement amongst themselves. Usually, during the negotiation process, the parties have a neutral negotiator present. This negotiator assists the parties in resolving their differences and encourages compromise between them when necessary.
If the negotiation process concludes successfully, a written agreement is formed between the parties. This agreement can be presented to the court, thereby formalizing the resolution of the dispute between the parties. If the negotiation process ends without a result, the parties can still resolve their disputes in court.
The negotiation method, by promoting dialogue and compromise between parties, makes it possible to resolve disputes quickly and efficiently. Moreover, when the parties reach an agreement, it can help ensure that the decision is made naturally and fairly.