Mediation, which has come to the forefront in recent years as an alternative method of dispute resolution, is frequently preferred in many areas as well as in legal cases. Mediation, which is carried out without going to court, with the mutual consent of the parties and with the presence of an impartial mediator, provides fast and effective solutions by saving both time and money. So, in which types of cases can mediation be used?
Cases Suitable for Mediation
Mediation can be used in many private law cases involving material and moral compensation claims. These cases include the following:
Family Cases: Mediation can help the parties reach a mutually agreed solution in family disputes such as divorce, custody, alimony, inheritance.
Commercial Cases: Mediation can contribute to protecting commercial relationships and preventing financial losses in commercial cases such as receivables and compensation cases, contract disputes, and commercial partnership problems.
Rent Disputes: Mediation can help reach an agreement between the landlord and tenant in disputes arising from the lease contract, such as rent, deposit, and eviction.
Labor Cases: Mediation can help resolve issues between employers and employees fairly in disputes arising from labor law, such as employee receivables, unfair dismissal, work accidents, and occupational diseases.
Debt Cases: Mediation in debt and receivables cases allows the parties to create a payment plan with mutual consent and reach an agreement without prolonging legal proceedings.
Cases Not Suitable for Mediation
Some cases are not suitable for mediation because they concern public order and the rights of third parties. These cases are as follows:
Criminal Cases: Cases related to crimes within the scope of the Criminal Code cannot be resolved through mediation.
Some Family Law Cases: Mediation in custody and alimony cases is only possible if the parties can reach an agreement on the amount of custody and alimony.
Cases Relating to Actual Rights: In cases regarding actual rights such as property rights and inheritance rights, it may not always be possible to find a solution through mediation.
Advantages of Mediation
Mediation has advantages over traditional litigation methods in many ways. Some of these advantages are as follows:
Fast and Effective Resolution: Mediation can be concluded much faster than going to court. In this way, the parties can avoid the prolongation of their cases and the complexity of legal procedures.
Low Cost: Mediation fees are quite low compared to litigation costs and attorney fees. In this way, the parties can make significant financial savings.
Confidentiality: Mediation meetings are confidential. In this way, the parties do not have to share their private information in the courtroom.
Agreement of the Parties: Mediation allows the parties to find a solution with mutual consent and in accordance with their wishes. In this way, hostility between the parties decreases and the possibility of re-filing a lawsuit in the future decreases.
