Who is the mediator and which tasks dose he/she have?

Mediation has been defined in the Act as "a voluntary dispute resolution method implementing systematic techniques, enabling a communication process between parties and bringing them together for the purpose of negotiating, reaching an understanding and creating their own resolution, conducted with the assistance of an impartial and independent third person who has relevant expertise training." Mediators are defined in the Act as real persons conducting mediation who are registered with the mediator registry of the Ministry of Justice. Requirements for registration include Turkish nationality, a degree in law and a minimum of five years legal practice as well as completion of the relevant mediation education program and success in the exams to be held by the Ministry of Justice.

 

Is there something prohibited for mediators? Do they have all the power?

Mediators are prohibited from actions that exclusively fall within the judicial authority of a judge, such as site examination, consulting experts or hearing witnesses. Mediators are not allowed to provide legal or professional advice to the parties; develop and impose or force to accept proposals, agreements for the resolution. The mediator is however entitled to inform one of the parties of a proposal made by the other party and receive the relevant party´s opinion thereon. They are also entitled to recommend parties to revert to other means of dispute resolution.