The Prıncıple of Confidentiality In Mediation and the Role of Confideniıality In Commercıal Mediation

Year 2017, Volume: 6 Issue: 1-2, 15 - 32, 01.06.2017

Dursun Al

Abstract

Mediation alternative dispute resolution method, which is con-

sidered as one of the ADR (Alternative Dispute Resolution)

methods primarily in foreign countries and in Turkey along

with the adoption of the LMCD (Law on Mediation in Civil

Disputes), has begun to be implemented, and it still rapidly con-

tinues to improve. In this method, parties want to settle their

disputes with the resolutions they created on a voluntary basis

with the participation of a registered mediator. The most impor-

tant principle of commercial mediation is the principle of confi-

dentiality because the parties do not want their trade secrets to

becoming public, and lose out their advantages at the end of this

process due to the explicitly confessed interests. Accordingly, it is

required to comprehend the concept of trade secret and specialize

in the commercial mediation field.

Keywords

Alternative Dispute Resolution (ADR), Mediati- on, Basic Principles of Mediation, Confidentiality

References

• Ministry of Justice, Directorate General for Legal Affairs, The letter numbered 98192251.04.1-206/7285, and dated 22/07/2013 http://www.adb.adalet.gov.tr/Duyurular/2013/temmuz/noter_arabuluculuk_faaliyeti. html, (Access Date: 10.11.2017).