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The Importance of Mediation in the Business World

The Importance of Mediation in the Business World “I had two bad experiences with the law. In the first, I lost a case. In the second, I won. Will we ever learn wisdom from our ancestors?” — VICTOR HUGO The mediation system, which was integrated into our national legal system through the “Law on Mediation in Legal Disputes” that came into effect in 2008 for Criminal Law and in 2013 for Civil Law, is a method of “Alternative Dispute Resolution” (ADR). This system is widely established in countries with advanced legal systems, unlike our own. Through this system, the traditional approach of “seeking justice in court” is being reconsidered. The mediation system, which has unfortunately arrived late and with implementation difficulties in our country, is considered the most effective method that parties can use to resolve disputes with the assistance of a neutral third party, either outside the court or through court-directed mediation. Mediation is notably distinct from our existing legal system due to its flexibility, effectiveness, and emphasis on confidentiality, which is why it is increasingly preferred in business, family, school, and even international disputes. In this method, parties who decide to resolve their dispute through mediation, either voluntarily or at the suggestion of a court, present their case to a mediator. With the assistance of a completely impartial and nonjudgmental mediator, they have the opportunity to discuss their issues and find the best solution for themselves. Due to courts’ heavy workloads, cases often take a long time to resolve, and delayed justice further erodes trust in the judiciary. Turkey has only recently become acquainted with alternative dispute resolution methods used in Europe for many years. Mediation was introduced into Turkish criminal law in 2008, and since the fall of 2013, it has also been applicable in civil law. A Brief History of Mediation The history of mediation dates back 4,000 years, all the way to Mesopotamia and the Sumerian civilization. Further applications of mediation can be seen in Homer’s Iliad in 750 B.C., Sophocles’ Ajax around 500 B.C., and later in Ancient Rome and in China, where Confucian ethics were practiced. Today, it is estimated that there are around six million mediators and 950,000 mediation committees in China alone. In the United States, where mediation is most widely used, professional mediation began in 1913 to resolve labor disputes, gradually becoming institutionalized. Civil and commercial mediation first emerged in the 20th century in the United States as a way to save time and costs associated with formal court proceedings. The United Kingdom, Australia, and Canada followed suit, and now mediation is an accepted alternative to litigation in many countries worldwide. In the United Kingdom, the development of mediation has evolved to coexist increasingly with civil law processes rather than compete with them. Notable examples include the groundbreaking Access to Justice reports by Lord Woolf in 1995 and 1996, and the subsequent Civil Procedure Rules in 1998. In Europe, the 2008 EU Mediation Directive by the European Parliament and Council on cross-border disputes between parties in member states has produced positive results for Alternative Dispute Resolution (ADR). Mediation, which often […]