Relationship between Mediation and Domestic Violence and Crimes Subject to Reconciliation
Öz
In legal disputes, according to the Law of Mediation, conflicts involving a claim of
domestic violence and conflicts involving crimes that are not subject to reconciliation
according to the Code of Criminal Procedure shall not be suitable for mediation.
The Council of Europe Convention on Preventing and Combating Violence against
Women and Domestic Violence has only prohibited compulsory mediation in conflicts
involving domestic violence. Therefore, parties shall be able to apply for voluntary
mediation in family disputes on which they can dispose, even though these disputes
involve a claim of domestic violence. On the other hand, the regulation according
to which parties might not apply for mediation when the conflict involves a crime
that is not subject to reconciliation according to the Code of Criminal Procedure
should be completely abrogated. Removing the restraint brought on the conflicts
involving domestic violence and those that are not subject to reconciliation, would
increase considerably the field of application of mediation.
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