In recent years, the demand for alternative resolution methods has been increasing in the resolution of legal disputes. Mediation and conciliation are the two most commonly used methods. Both methods are carried out with the participation of a third party to help the parties reach an agreement. However, there are some important differences between them.
Definition
Mediation: A dispute resolution method carried out by an impartial and independent mediator, providing guidance and facilitation services for the parties to produce their own solutions.
Conciliation: A method similar to mediation carried out by a mediator in the criminal justice system, in order to reach a settlement between the victim and the perpetrator of the crime.
Areas of Application
Mediation: It can be applied in a wide range of cases such as family disputes, commercial disputes, employee-employer disputes, rental disputes, and neighborhood disputes.
Conciliation: In crimes committed intentionally and for which a public lawsuit is not filed within the legal framework (for example: simple theft, simple injury, traffic accidents), conciliation can be used.
Process
Mediation: It starts with the consent of the parties and proceeds confidentially. The mediator listens to the parties, asks questions and helps them reach an agreement.
Mediation: It can be suggested by the prosecutor’s office during the criminal prosecution phase or requested by the victim and the suspect. The mediator encourages the parties to reach an agreement and prepares a report if an agreement is reached.
Result
Mediation: If the parties reach an agreement, the mediation decision is an enforceable court decision. If an agreement cannot be reached, the parties are free to file a lawsuit.
Mediation: If an agreement is reached, the mediation report is sent to the prosecutor’s office and is evaluated for the dismissal or postponement of the prosecution. If an agreement cannot be reached, the criminal prosecution continues.
Fee
Mediation: The mediator’s fee is shared by the parties.
Mediation: It is free.
Other Differences
There is no legal requirement to apply for mediation. In order to apply for mediation, legal conditions must be met.
In mediation, the mediator remains impartial between the parties, while in conciliation, the mediator may tend to look out for the rights of the victim.
Which Method is More Appropriate?
Depending on the type of dispute, the wishes of the parties and the legal conditions, mediation or conciliation may be more appropriate. Both methods have advantages and disadvantages. It is recommended to consult an expert before deciding which method is more appropriate.
