What is the Mediation Process | Key Mediation
The mediation process is a dispute resolution method carried out under the guidance of a neutral third party (mediator) to resolve the dispute between the disputing parties. Instead of going to court, the parties try to resolve their problems quickly, effectively and at less cost through mediation.
The mediation process generally consists of the following stages:
- Application and Acceptance: One or both parties indicate that they want to resolve their dispute through mediation. If the other party accepts this suggestion, the process begins. The parties agree on mediation and choose the mediator.
- First Meeting: The parties and the mediator exchange information about the mediation process. The mediation office provides information about the parties’ expectations and the process, and then emphasizes basic principles such as confidentiality and voluntariness.
- Negotiations of the Parties: The parties hold discussions under the guidance of the mediator. The mediator listens to the parties’ opinions, tries to understand their needs and regulates communication. The parties mutually explain their demands and interests and exchange detailed information about the dispute.
- Negotiation and Search for Solutions: The mediator uses a variety of negotiation methods to achieve agreement between the parties. Parties work together to identify common interests and areas of compromise.
- Reaching Agreement: The parties reach an agreement under the guidance of the mediator. This agreement is a compromise that both parties accept, undertake and agree to abide by. The agreement can be drawn up in writing and signed by the parties.
- Implementation of the Agreement: The parties act in accordance with the agreement reached during the mediation process and take the necessary actions. The mediator can also provide support during the implementation of the agreement.
If the parties cannot reach an agreement during the mediation process, both parties have the right to go to court. Thanks to the confidentiality principle provided during the mediation process, the interviews held and the information provided during the process are not used by the mediation office in court proceedings.
Mediation is an effective method that strengthens communication between the parties and supports the resolution of disputes in a conciliatory environment. Compared to legal processes, it is faster, more flexible and provides more control to the parties.
