Mediation
We resolve disputes with confidentiality and impartiality through mediation.
Balin Legal also provides mediation services, one of the alternative solutions. Mediator Lawyer Öner Balin is engaged in mediation activities in the resolution of disputes under the Ministry of Justice with the registration number 169.
What is Mediation?
Mediation is the most widely known and practiced dispute resolution method among amicable dispute resolution methods.
What exactly does a mediator do?
The mediator is not the decision-maker in this process. It does not even offer any solution to the parties. The parties themselves resolve the dispute by compromise. The mediator tries to identify the actual dispute and the interests of the parties and tries to ensure that they discuss and find solutions to these issues. Here the parties come up with their own solutions and try to understand each other in doing so.
When Can I Go to Mediation?
You can go to mediation after you have a dispute with the other party but before you apply to court or arbitration, or you can go to mediation after you file a lawsuit with the court.
Are All Cases Covered by Mediation?
No, no, no. Mediation is only possible in matters that the parties can decide with their free will. More precisely, the parties may go to a mediator on matters that do not concern public order and are amenable to enforcement. Mediation is not possible in cases where the parties cannot enter into an agreement, for example in criminal cases, civil registration cases or cases concerning the custody of children.
Does applying to a mediator mean that I give up my right to sue?
No, no, no. The parties are completely free to apply to the mediator, to continue the process, to finalize it and to abandon it. You can voluntarily end this voluntary process and apply to the court.
Who will cover the fees and costs of the mediation process?
Unless the parties agree otherwise, they shall bear all costs of the mediation process equally.
Is the agreement I reach at the end of the mediation process binding for me?
If the parties reach an agreement at the end of the mediation process, they will be able to submit this agreement to the civil court, which will be determined according to the rules of jurisdiction and jurisdiction regarding the main dispute, and request an annotation regarding its enforceability. The agreement containing this annotation shall be deemed a document in the nature of a judgment. Since the granting of a certificate of enforceability is a matter of non-contentious jurisdiction in nature, the examination regarding this can also be made through the file. However, if the subject of the dispute is related to family law, these procedures will be carried out by the family court to be determined by the same procedure and with a hearing. If mediation has been initiated during the trial of the case, the above-mentioned procedures will undoubtedly be carried out by the court hearing the case.
What is my advantage when I settle through mediation?
You will save all the costs you will have to incur during the litigation (such as postage, expert witness, discovery costs, travel expenses, etc.) and ensure that the dispute is resolved in a few days or a few weeks.