Grundsatze der Mediation

Yıl 2011, Cilt: 4 Sayı: 2, 153 - 173, 01.06.2011

Hilal Ünal

Öz

As in all over the world, the interest in the alternative dispute resolution, and especially, in mediation has increased rapidly in Turkey in recent years. The reason for the increasing interest would be understood better if the general objective of mediation is taken into account in comparison to the objective of the juridical procedures (namely court trials) which can be formulated as the determination of winning and losing parties. The objective of mediation is resolving disputes in such a way that is first of all peaceful and that yields the highest possible satisfaction for both parties. There are certain fundamental principles which need to be taken into consideration in order for mediation processes to succeed wholly. This article aims at shedding light on these principles and elucidating the controversial issues about mediation.

Anahtar Kelimeler

Mediation, fundamental principles, voluntariness, impartiality, selfdetermination confidentiality, informed consent, interests and concerns.