İrfan Gülşen, Avukat / Attorney-at-Law Bodrum / Turkey

WHAT IS MEDIATION?

Mediation is a conflict resolution process designed to assist parties in reaching an agreement of a dispute. As an alternative to traditional litigation, mediation is private, voluntary, informal, confidential and non-binding.

The mediator is a neutral third party who facilitates negotiation and assists the parties in reaching a settlement and/or agreement. However, it is the parties themselves who decide whether an agreement is reached.

BENEFITS OF MEDIATION

People in disputes who are considering using mediation as a way to resolve their differences often want to know what the process offers. While mediation can not guarantee specific results, there are trends that are characteristic of mediation. Below is a list of some of the benefits of mediation, broadly considered. Mediation generally produces or promotes:

Economical Decisions
Mediation is generally less expensive when contrasted to the expense of litigation or other forms of fighting.

Rapid Settlements
In an era when it may take years to get a court decision, the mediation alternative often provides a more timely way of resolving disputes. When parties want to get on with business or their lives, mediation may be desirable as a means of producing rapid results.

Mutually Satisfactory Outcomes
Parties are generally more satisfied with solutions that have been mutually agreed upon, as opposed to solutions that are imposed by a court or a third party decision-maker.

High Rate of Compliance
Parties who have reached their own agreement in mediation are also generally more likely to follow through and comply with its terms than those whose resolution has been imposed by a court or a third party decision-maker.

Comprehensive and Customized Agreements
Mediated settlements are able to address both legal and extra-legal issues. Mediated agreements often cover procedural and psychological issues that are not necessarily susceptible to legal determination. The parties can tailor their settlement to their particular situation.

Greater Degree of Control and Predictability of Outcome
Parties who negotiate their own settlements have more control over the outcome of their dispute. Gains and losses are more predictable in a mediated settlement than they would be if a case is arbitrated or adjudicated.

Personal Empowerment
Mediation negotiations can provide a forum for learning about and exercising personal power or influence.

Preservation of an Ongoing Relationship or Termination of a Relationship in a More Amicable Way
Many disputes occur in the context of relationships that will continue over future years. A mediated settlement that addresses all parties' interests can often preserve a working relationship in ways that would not be possible in a win/lose decision-making procedure. Mediation can also make the termination of a relationship more amicable.

Workable and Implementable Decisions
Parties who mediate their differences are able to attend to the fine details of implementation. Negotiated or mediated agreements can include specially tailored procedures for how the decisions will be carried out. This fact often enhances the likelihood that parties will actually comply with the terms of the settlement.

Agreements that are Better than Simple Compromises or Win/Lose Outcomes
Interest-based mediated negotiations can result in settlements that are more satisfactory to all parties than simple compromise decisions.

Decisions that Hold Up Over Time
Mediated settlements tend to hold up over time, and if a later dispute results, the parties are more likely to utilize a cooperative forum of problem-solving to resolve their differences than to pursue an adversarial approach.

HOW DOES THE MEDIATION PROCESS WORK?

Each mediation is tailored to the needs of the parties. However, most mediations begin with a joint session involving all parties and their representatives. The purpose of the joint session is to set the agenda, to ascertain the parties’ positions and to define the issues. It is important to the success of the mediation that all parties and representatives with authority to agree to any settlement or resolution be present and participate in good faith in the mediation. The goal of the process is to lead the parties toward settlement and resolution of the dispute.

İRFAN GÜLŞEN
Avukat & Arabulucu
İslamhaneleri Mahallesi Hürriyet Caddesi No:10/A-922 Bodrum Muğla
Phone / Tel: +90 (252) 363 0250
Cell / Cep: +90 541 363 8373
E-mail: info@irfangulsen.av.tr
Web: www.irfangulsen.av.tr

for English Communication
Cell / Cep: +90 541 363 8373 or E-mail: info@irfangulsen.av.tr

Web: www.irfangulsen.av.tr

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