CONCILIATION AS A NEW SOLUTION FOR DISPUTES
A new alternative solution for dispute was added to our legal system by Conciliation Law in Legal Disputes numbered 6325 in June of 2012 year. The conciliation which is primarily preferred as solution for disputes in North America and Europe was not applied in considerable numbers in Turkey in the early years. It gained acceleration during 2017, approximately 16.000 disputes were solved with conciliation in that year.
What is Conciliation?
In Article 2/1-b of Law no. 6325 and Article 4/1-b of the regulation, the conciliation is an amicable settlement which ensures the parties to find the most appropriate solution for private law dispute on their own with the negotiations carried out by the conciliator.
Can anyone be a Conciliator?
In order to become a conciliator; it is required to graduate from Faculty of Law, to have 5-year seniority in the profession and to register in Conciliator Registry of Ministry of Justice by completing education of conciliation and showing success in written and verbal examinations.
What does a Conciliator do?
Conciliator is a competent person who helps the parties to agree by using negotiation techniques, manages meetings and helps parties to find a solution in their own disputes. Conciliation is a solution where win-win method is applied. Since the parties have free will in the conciliation, they can reach to a solution where both parties shall be happy. Actually, the conciliation is embodiment of blessing culture that has been existing all the time in our country in legal system.
In Which Disputes, Can Conciliation be Applied?
The conciliation can be applied in private law disputes where a court decision is not required and the parties can freely save.
Conciliation can be applied in various cases arising from Labor Law, cases between lessee and lesser, commercial cases, brand patent cases, personal actions, cases arising from contract of credit and construction, contribution, ware cases, compensation cases and like cases.
In Which Disputes Conciliation Cannot be Applied?
Conciliation cannot be applied in SSI disputes such as service detection, detection of gaining right for retirement pension-pay, divorce, guardianship, adoption, paternity, rejection of gens and the like cases.
When does Conciliation Commence?
Conciliation commences with coming to the table of parties and conciliator in the circumstances when the meetings and negotiations between the parties do not show a result. The parties can apply to conciliator prior to or after taking an action. In case of obligatory conciliation is required by the law, it is required to apply to the conciliator prior to taking action. Because the litigation and limitation periods shall not process during the period of conciliation, if the process shall not be resulted by common consent, the parties may take action or they may sustain that lawsuit.
Why Is It Required to Apply for Conciliation?
Conciliation is a settlement method which solves legal issue privately based upon parties’ will at small expense in less time for future and which ensures both parties to win. Conciliation is an economical way because the parties shall not pay fee and legal expenses as distinct from lawsuit. Since the lawsuits last for too long in our country, the solution of disputes will be possible with conciliation in a short time.
How Does The Solution To Be Found As A Result of The Conciliation Activity Provide Protection?
In the event that the parties reach an agreement in consequence of conciliation activity, the certificate of conciliation which will be prepared by conciliator, which will be signed by the conciliator and parties shall be deemed as a document partaking of court decision. For this reason, the aspects that the parties agreed upon shall be impossible to be matter in jurisdiction again. In this way, this is a way which provides protection and assurance for both parties against the problems to be arisen later.
May I Be Damaged If I Don’t Accept The Invitation of Obligatory Conciliation?
One of the most important issues in legal disputes which are required for obligatory conciliation is that; in case of conciliation activity is terminated because one of the parties does not participate in the meeting without alleging a valid excuse, the party who does not attend to the meeting shall be held responsible for all legal expenses to be paid, even he/she will be partially or entirely proved right on lawsuit.
What Are The Features of Conciliation Period?
The conciliation is a process which is carried out within voluntary, equality, privacy, prudence and objectivity. The principles of voluntary and equality are included in the conciliation. The parties are totally free to apply, sustain the process or withdraw. Both parties have equal rights.
There is confidentiality in conciliation. Unless otherwise consented upon, the documents presented in process of conciliation or information, documents and records obtained are confidential. The invitation of conciliation made by the parties or participation will to conciliation of one party, the suggestions, views, proposals propounded by the parties, the acceptance of an event or claim, the documents prepared only for conciliation cannot be requested by the court, arbitrager or an administrative authority. As these are not used in the courts as evidence, it also cannot be testified about these.
Prudence and objectivity are included in the conciliation. The conciliator carefully and objectively does his/her duty and observes the equality between the parties.
We hope that the organization of conciliation that we tried to explain under several headings stated above will carry out and develop useful and right applications in our country, strengthen sense of justice in the struggle of claiming rights of citizens with their own solutions by increasing belief of justice.