Friendly Settlement of Disputes: Mediation
Dispute is a result of the nature of interpersonal relations. Disputes arise in the field of both private law (contracts, family law, etc.) and public law (penal law). Citizens of the Republic of Turkey are entitled to contest at state courts, when their rights are violated (right to legal remedies, Constitution, Article 36). However, seeking legal remedies at the court is not the only option for the settlement of a dispute. Turkish law has made considerable progress about alternative dispute resolution, and adopted most alternative resolution options used in the European and Anglo-American laws. Rather than waiting for the decision of a lawsuit, parties can come together and may benefit from the presence of an expert to resolve the dispute. Such methods have now been used in many fields of law.
Alternative dispute resolution methods concern closely not only lawyers or legal experts but also all citizens. Courts are not involved in mediation processes. It is the parties themselves, i.e. the parties that are in dispute, that make a decision and come to an agreement. The course plan is as follows:
Week 1. Concepts of dispute, conflict and alternative dispute resolution
Week 2. Organization and development of alternative dispute resolution methods in Turkish law
Week 3 and 4. Mediation in legal disputes
Week 5. Dispute settlement in penal law
Week 6. Arbitration, alternative dispute settlement in consumer law