Mediation Agreement
Mediation is a widely used “alternative dispute resolution” (ADR) method in countries with developed legal systems. Mediation is a method that parties can use to resolve their dispute with the help of a neutral third party without going to court or with the guidance of a court. The fact that it is flexible and effective has made mediation a dispute resolution method that brings the parties to the dispute together at the right point in business life, family, school and even international disputes. The parties who decide to resolve their dispute with the mediator, either voluntarily or with the recommendation of a court, have the opportunity to discuss their problems and find the best solution for themselves in the presence of a mediator who is completely impartial, free from prejudice and judgment.
MEDIATION AGREEMENT
This Mediation agreement;
Residing at ………………………………..
…………………………………………………………………………….. and……………………………………
resident………………………………..
and the parties who concluded the contract will be referred to hereinafter as PARTIES.
SUBJECT OF THE AGREEMENT______________ :
APPOINTMENT AND ROLE OF THE MEDIATOR :
As specified in the program, the mediator is appointed by the parties and the mediator mediates the resolution of the dispute in accordance with the rules of the agreement specified in the program.
The mediator is obliged to act impartially while conducting the mediation activity and cannot behave in a manner and behavior that may cause suspicion about his/her impartiality.
Mediator cannot decide in favor of any party and cannot act as an arbitrator or a lawyer.
The mediator cannot give legal advice to the parties during the conduct of the process; he/she cannot develop a solution proposal or a catalog of suggestions and impose it on them, nor can he/she force them to agree on a solution proposal developed during the negotiations. However, the mediator’s communication of a proposal submitted by one of the parties in the context of the settlement of the dispute to the other party and obtaining his/her declaration on this matter cannot be considered within this scope.
ARABULUCULUK___________________ :
Unless otherwise stipulated between the parties and the mediator, the mediation shall take place at the time and place specified in the program.
If not agreed by the parties, the mediator shall conduct the mediation activity by taking into account the nature of the dispute, the wishes of the parties and the procedures and principles required for the rapid resolution of the dispute.
Procedures that can only be performed by the judge as the use of a judicial authority such as discovery, expert consultation and witness hearing cannot be performed by the mediator.
The mediator may give instructions on the way the mediation is conducted. The instructions may include the following:
Pre-mediation preparatory discussions;
Steps to be taken to define the issues, summarize the dispute, identify areas of agreement and set out the merits of the dispute;
Pre-mediation submission to the mediator of reports, documents and written statements relevant to the mediation;
A copy of a document that should be given to the mediator within the framework of the mediation activity shall be given to the other party to the dispute.
The parties must cooperate and act honestly. They must act in good faith throughout the mediation and give reasonable responses to reasonable suggestions.
CONFLICT OF INTERESTS
The mediator is obliged to inform the other party of the solution reached with any party.
The person appointed as a mediator is obliged to inform the parties in the event of the existence of important circumstances and conditions that require doubting his/her impartiality or in the event of the subsequent emergence of such circumstances and conditions. Despite this explanation, if the parties jointly request the mediator to undertake the task, the mediator may undertake this task or continue the task he has already undertaken.
REPRESENTATION IN MEDIATION:
By adhering to this agreement and unless the parties agree otherwise, they must take part in all phases of the mediation.
If one of the parties is not a natural person, it must be represented throughout the mediation process by a natural person authorized to represent it. This person shall:
Negotiate and mediate;
sign the agreement.
If one of the parties is not a natural person, that party must participate in the mediation, but if one of the parties is a company director, that person may delegate his or her representation to a third party.
One of the parties may use lawyers or experts to assist and advise him/her.
COMMUNICATION BETWEEN THE MEDIATOR AND THE PARTIES:
The mediator may meet and communicate with each of the parties separately or together. Parties may also participate in these meetings through their attorneys.
The mediator may communicate with the parties orally or in writing if he/she deems appropriate. If the mediator only meets or communicates with one of the parties, he/she is not obliged to share this with the other party.
Any information communicated orally or in writing to the mediator by one of the parties is not obliged to be shared with the other party unless the party concerned requests it and legal regulations require it.
PRINCIPLE OF CONFIDENTIALITY IN MEDIATION:
Unless otherwise agreed by the parties, the mediator is obliged to keep confidential the information and documents and other records submitted to him/her or obtained in any other way within the framework of the mediation activity.
No photographs, audio and video recordings may be made during the mediator activity.
The obligation to comply with the confidentiality rule also covers the persons working with the mediator and those who do internship under the supervision and supervision of the mediator within the framework of the relevant legislation.
Unless otherwise agreed, the parties and their attorneys, if any, are also obliged to keep confidential the information and documents and other records obtained or otherwise learned within the framework of the mediator’s activity.
ANTLAŞMA______________________ :
The scope of the agreement reached at the end of the mediation activity is determined by the parties, in case an agreement document is issued, this document is signed by the parties and the mediation and becomes binding for the parties from this moment.
TERMINATION OF MEDIATION:
26: Mediation;
The period allocated to the mediation activity expires and no agreement is reached during this period;
A settlement agreement is signed by the parties;
One of the parties gives a written notice to the mediator and the other party after consulting the mediator;
the mediator and the other party.
The parties shall be responsible for the mediator’s fee and the costs specified in the agreement.
Unless otherwise agreed by the parties, the parties are obliged to cover their own expenses.
Unless otherwise agreed, the fee for the mediation shall be determined according to the tariff in force on the date the activity ends and the fee and expenses shall be borne equally by the parties.
The mediator may not demand any remuneration for acting as an intermediary for certain persons or recommending certain persons in relation to the mediation process. Transactions established in violation of this law shall be null and void.
PLAN
Mediator
Mediator
Address of the Mediator
Time and the Place of Arabism
Location
History
Time
Mediator’s Fee
Mediation fee per day
Mediation fee per hour
SIDE 1 SIDE 2
Name Surname Name-Surname
Signature Signature
Mediator
Name-Surname
Signature
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