Abstract
After the mediation process is conducted, it becomes necessary to terminate the mediation activity. Although Article 17, Paragraph 1 of the Law on Mediation in Civil Disputes (HUAK) lists the reasons for the termination of mediation under the heading "Termination of Mediation," a comprehensive examination of the legislation reveals that the grounds for termination are scattered across various legal provisions. In this article, all termination reasons are thoroughly examined, with particular emphasis on the fact that the same termination grounds are regulated multiple times, either within the same legal provision or across different legal frameworks, while also taking practical applications into account. These reasons include the determination that the dispute is not suitable for mediation, the inability to reach the parties, the failure to hold meetings due to the non participation of the parties, the mediator's conclusion that further efforts in the mediation process are unnecessary after consulting with the parties, one party's notification to the other party or the mediator of their withdrawal from the mediation, the failure to reach an agreement after negotiations, the mediator's withdrawal from the process, the death or bankruptcy of one of the parties, lack of authority, erroneous or duplicate records, the mutual agreement of the parties to terminate the mediation, the achievement of an agreement following negotiations, the dispute falling outside the scope of mandatory mediation, and multiple mediation applications concerning the same parties and subject matter. To address the issue of regulatory fragmentation, a proposal is made to consolidate all termination grounds under a single article. Additionally, the regulation of circumstances that may affect the mediator's impartiality and the mediator's ability to exercise discretion in terminating the process are discussed. This article also provides an analysis of these aspects, aiming to contribute to the coherence and effectiveness of mediation practices.
-
Kapsamı
Uluslararası
-
Type
Hakemli
-
Index info
WOS.ESCI
-
Language
Turkish
-
Article Type
None