
Mediation in Disputes Arising from Construction Contracts in Return for Land Shares
August 3, 2024
Attorney Fee in Mediation Process (After 20.11.2021)
August 3, 2024The persons who can be a mediator are regulated in the Law on Mediation in Legal Disputes (Article 20) and the Regulation on Mediation in Legal Disputes (Article 30).
To be registered in the mediator registry;
- To be a Turkish citizen,
- To be a law school graduate with at least five years of experience in the profession,
- A person who is a law school graduate can be a mediator regardless of the profession they practice (lawyer, judge, prosecutor, university faculty member, etc.) if they have five years of experience in that profession.
- To be fully qualified,
We call people who have all the conditions of legal capacity fully qualified. In other words, all real persons who have the power of discernment, are of age and are not restricted can be mediators. - Not to have been convicted of crimes against the security of the State, embezzlement, extortion, bribery, theft, fraud, forgery, abuse of trust, fraudulent bankruptcy, tampering with tenders, tampering with the performance of an obligation, laundering or smuggling assets originating from crimes, giving false expert testimony, giving false testimony and giving false oath, even if the periods specified in Article 53 of the Turkish Penal Code No. 5237 dated 26/9/2004 have passed, or even if pardoned.
- Not to be affiliated or connected with terrorist organizations,
- Completing mediation training and passing the written exam held by the Ministry,
required.
Registration in the mediation registry is made after the person concerned applies to the Mediation Department of the Ministry of Justice via the Mediator Information System and it is understood that they meet the requirements.
Applicants who are not actually practicing law or performing a public duty as of the application date must document with reports they will receive from health institutions that they do not have any mental or physical obstacles to practicing mediation.
The mediator can start their activities as of the date of registration in the registry.
In other words, they can mediate voluntarily from this moment on.
The Department Presidency lists the registered mediators according to the first degree court justice commissions where they want to work and sends the lists to the relevant commission presidencies. A mediator can register on a maximum of three commission lists.
The mediator registered on the commission is sent case-requirement mediation files via Uyap and thus, the mediator can register on a maximum of three commissions and mediate in these jobs if they wish.