Developing Mediation Practices in Civil Disputes in Turkey
EVENTS
TÜRKÇE

Project title

Developing Mediation Practices in Civil Disputes in Turkey

Project reference

2014/DG I/VC/ 3186

Overall Objective

The overall objective of the project is to improve the efficiency of justice by reducing the cost and time needed to resolve civil disputes through an effective implementation of mediation practices.
The specific objectives of the project are:
                1) to support building a legislative environment that will ensure an effective implementation of mediation in civil disputes in Turkey; 
                2) to develop a practical model suitable for Turkey based on effective mediation pilot practices for civil disputes;
                3) to strengthen the institutional and training capacity of the Department of Mediation established under the Ministry of Justice;
                4) to raise awareness on the functioning of mediation amongst judges, lawyers, civil society and members of the public.  

Expected Results

Expected Result 1: The legal framework is improved to allow for an effective implementation of mediation in civil disputes in Turkey
Expected Result 2: The necessary models, tools and structures are available for the use of mediation in civil disputes in Turkey
Expected Result 3: Mediation Department utilizes clear, adequate and standardised training curricula in line with CEPEJ Guidelines; - Continuous training is set up; - Legal Justice professionals designated as mediators have the skills and competences necessary to fulfil this role
Expected Result 4: Mediation in civil disputes, its use, cost, advantages and legal implications are known among the general public and the judiciary, the legal profession and the users of the justice system.

Outputs and activities

Expected Result 1: The legal framework is improved to allow for an effective implementation of mediation in civil disputes in Turkey.
Outcome 1.1 Amendments to legislation on mediation drafted with Project Support

  1. Legislation WG Meetings: 3 Working Group Meetings with relevant stakeholders and the judicial community (including judges and lawyers from up to 6 mediation pilot jurisdictions) to be held to receive feedback on deficiencies in implementation practices so far as a result of the existing legislation.

International Workshop

  1. Analyse best practices in an international conference especially those of relevance to any possible legislative proposal.

Outcome 1.2 Increased alignment of draft mediation legislation with European standards and CEPEJ Guidelines, with Project support

  1.  One Final Review Workshop: Finalise draft legislations and discussions on the final draft with internal and external stakeholders to receive feedback before submission to the Council of Mediation and the relevant review commissions at the CoE.
  2. Submission of draft amendment to the relevant experts: the Experts’ advice will be obtained for the finalisation of the amendment.

Expected Result 2: The necessary models, tools and structures are available for the use of mediation in civil disputes in Turkey.
Outcome 2.1 Models of Mediation practices are implemented in selected pilot courts and results are evaluated and fine-tuned for further dissemination.

  1. Develop an implementation plan for selected courts. Model Development WG Workshop (3 day)
  2. Train the judges and court staff on application of the mediation scheme.
  3. Employment and training of Mediation clerk/information Officers: Train mediation information officers to answer questions from the general public.

Outcome 2.2 Confidence of the judiciary in the mediation referral process is increased.

  1. Consultation meeting(s) with the High Council of Judges and Prosecutors (HCoJP) to apply mediation scheme for the judges’ performance assessment process.  

Outcome 2.3 Information on the success of mediation in mediation pilots is collected by the MoJ and replication and/or modification of pilots is planned.

  1. Develop monitoring and assessment screens by UYAP to record and evaluate the civil mediation cases in pilot courts.
  2. Conducting Baseline Study data collection and Follow up Study at the beginning and end of the project phases. 

 

Expected Result 3: Mediation Department utilizes clear, adequate and standardised training curricula in line with CEPEJ Guidelines; - Continuous training is set up; - Justice professionals designated as mediators have the skills and competences necessary to fulfil this role.
Outcome 3.1 Curricula in conformity with the CEPEJ guidelines are used in institutions authorized to provide training activities

  1. Review of existing curricula and training modules in light of CEPEJ Guidelines
  2. Re-design, assessment and standardisation of guidebooks and leaflets based on the CEPEJ guideline to integrate and standardise reviewed training modules and to finalise guidebooks and relevant leaflets.

Outcome 3.2 A qualified pool of trainers capable of sustaining mediation training nation-wide is created.

  1. Train the existing trainers (up to 60 trainers) from Mediation Training Centres for creation of a pool of professional trainers in order to apply standardised mediation training package.
  2. Final Refresher Course before end of the project. Training of new trainers from possibly new training centres and selected existing trainers

Outcome 3.3: a system of assessment of training centers by Inspectors (Judicial Services Assistants) based on performance assessment criteria for the Training Centres to be effectively used by the Inspectors is in place.

  1. Development of performance assessment criteria for training centres.

Expected Result 4: Mediation in civil disputes, its use, cost, advantages and legal implications are known among the general public and the judiciary, the legal profession and the users of the justice system.

  1. Media advertisement/TV campaign on mediation targeting a large audience.
  2. Campaign on social media and other relevant websites.
  3. Development and distribution of public awareness materials such as brochures and leaflets in relevant key places.

Outcome 4.2 An Increasing number of judges is involved in encouraging settling civil disputes through mediation and recommending this solution to parties.

  1. Organisation of informative conferences, meetings and workshops on mediation for the judiciary and the legal profession.

Outcome 4.3 Relevant professions have a clear understanding on mediation

  1. International study visits (2) for the members of the Mediation Board and WGs to observe mediation practices in the European states.

Beneficiary

Ministry of Justice of the Republic of Turkey

Stakeholders

Ministry of Justice, Union of Turkish Bar Associations, High Council of Judges and Prosecutors, Local Bar Associations, Mediation Associations, Turkish Justice Acedemy, Trade Unions, Business Associations, mediators

Start date

1 December 2014

Funding

SIDA (81.90%), Turkish Government (18.10%)

Budget

1 342 760,12 Euro

 

This project is co-financed by the SIDA and the Republic of Turkey and implemented by the Council of Europe.

Project on Developing Mediation Practices in Civil Disputes in Turkey

Official website ©

All rights are reserved. Content of this website shall not be used as reference material or published.

Webmaster: Muhammed Faruk Balkan