The Council of Europe is conducting a detailed needs assessment analysis and expert review of the legal framework in Turkey and European best practices in the field of mediation in civil and commercial disputes. Within the scope of this exercise, an overall evaluation of the application of arbitration will be also conducted.
The first field assessment visit and meeting took place on 11-12 October 2021 at the Istanbul Bakırköy courthouse and Sheraton Istanbul Ataköy Hotel, while the second visit took place on 18-19 October 2021 at the Dışkapı premises of the Ankara courthouse and Ankara Sheraton Hotel within the framework of the EU-CoE Joint Project on “Promoting Alternative Dispute Resolution (ADR) in Turkey”. The meetings were held with the attendance of approximately 40 participants for each visit and meeting, including representatives of the Ministry of Justice, regional courts of justice, Alternative Dispute Resolution Association, Training Centre of the Union of Turkish Bar Association, Mediation Board, judges from family courts and civil courts of peace, Civil Chamber of the Court of Cassation, the Ministry of Family and Social Services, the Ombudsman Institution, Alternative Dispute Resolution Centre of Ankara Bar Association, Istanbul Bar Association, Istanbul Mediation Association, Istanbul Arbitration Centre, Arbitration and Mediation Centre of Istanbul Chamber of Commerce, Istanbul Mediation Volunteers Association, mediation bureau staff, academicians, as well as the international and local CoE consultants, and staff members.
Within the scope of the first field visit, the Istanbul Bakırköy courthouse was visited with the aim to assess the needs of mediators, judges and other relevant stakeholders, as well as to review all aspects of the types of disputes that are subject to mediation. International consultants, Nina Betetto and Maria Oliveira and local consultant, Mustafa Erkan, assessed the functioning of mandatory mediation in Turkey and presented EU best practices in the field. The team of consultants had the opportunity to discuss the views and the opinions of judges, mediators, and other relevant stakeholders.
In addition, a meeting was held at Sheraton İstanbul Ataköy Hotel, where the conceptual framework and EU best practices regarding the legal status and institutionalisation of mediation centres were discussed, and stakeholders were invited to make their suggestions. The design and status quo of arbitration in Turkey, capacity building and awareness raising for arbitrators were also discussed with the relevant stakeholders.
During the second field assessment visit held in Ankara, the Dışkapı premises of the Ankara courthouse was visited and meetings were held at Ankara Sheraton Hotel in the same scope.
The feedback received from the field visits and meetings will be included in the draft needs analysis report, which will contribute to the efforts in making the necessary legislative amendments that will enable the mediation institution to work more effectively.
The Joint Project on “Promoting Alternative Dispute Resolution in Turkey” is co-funded by the European Union and the Council of Europe and implemented by the Council of Europe. The Ministry of Justice of the Republic of Turkey – Directorate General for Criminals Affairs and Directorate General for Legal Affairs are the end beneficiaries of the Project. The Central Finance and Contracts Unit is the contracting authority.
