The European Commission for the Efficiency of Justice

                                                                                           

 

Joint programme: "Developing mediation practices in civil disputes in Turkey"


The specific objectives of the project are:


- Helping to build a legislative environment that will ensure effective implementation of mediation in civil disputes in Turkey;
- Developing a practical model suitable for Turkey based on effective mediation pilot practices for civil disputes, and building the infrastructure of mediation pilots;
- Strengthening the institutional and training capacity of the Department of Mediation established under the Ministry of Justice;
- Raising awareness on the functioning of mediation amongst judges, lawyers, civil society and citizens. 

 

Project beneficiaries and stakeholders: Ministry of Justice, High Council of Judges and Prosecutors, Union of Turkish Bars Association, Turkish Justice Academy, Academicians and lecturers from Law Faculties and Training Centres, Turkish Chambers Associations, National Judicial Network Information System, Pilot Courts targeted by the project, Turkish Civil Society and NGOs.


- Project description sheet

 

News

 

6th Steering Committee meeting and Meeting on the Strategic Road Map for Mediation Services

A team composed of CEPEJ experts and a member of the Secretariat will travel to Ankara (Turkey) from 23 to 24 March 2017, in the framework of the programme Developing Mediation practices in Civil Disputes in Turkey", implemented by the Council of Europe and funded by the Swedish International Development Cooperation Agency (Sida) and the Republic of Turkey. The CEPEJ team will participate in the Steering Committee Meeting in the morning of 23 March 2017, during which the Steering Committee should agree on the modalities of a 5-month extension of the programme that will therefore end on 30 September 2017. In the afternoon of 23 and 24 March 2017, a meeting will be organised with the CEPEJ team to decide on an Action Plan to ensure the sustainability to the project in the long term.
Agenda of the Steering Committee meeting (23 March)
Agenda of the Action Plan Meeting (24-25 March 2017)

 

Training session in Ankara for pilot judges and court staff from six jurisdictions (Ankara, Bursa, Istanbul, Izmir, Kayseri and Mersin)

A training session will be organised from 22 to 24 February 2017 in Ankara for selected pilot judges and court staff from six jurisdictions (Ankara, Bursa, Istanbul, Izmir, Kayseri and Mersin). The training, which will be led by CEPEJ experts, will aim at improving the skills and knowledge of the participants in court-based mediation, and in particular in the process of judicial referral to mediation. The training will address a wide array of challenges, covering inter alia the effective selection of cases suitable for mediation, the relevant use of the new online mediation portal set up by the Ministry of Justice, as well as properly welcoming and informing the parties upon their arrival to the court, etc. Also, the gender aspect and power imbalance issues in areas such as family mediation will be addressed by national experts.

 

The Final Review Workshop on amendments to mediation law was conducted on 26-27 October 2016 in Ankara

The Final Review Workshop on Legislative Amendments was conducted on 26-27 October 2016 in Ankara. The Ministry of Justice, the Court of Cassation, the Union of Turkish Bar Associations, the Turkish Justice Academy, representatives of the labours and workers unions, mediators, pilot judges, court staff, academicians, NGOs, the Project Team of the Council of Europe, the CEPEJ experts and national experts participated in the workshop. The participants discussed about specific articles of the draft law on mandatory mediation in labor disputes and efficient mediation services and reviewed the final comments and recommendations of the CEPEJ experts. A report resulting from this workshop and covering the final comments of the CEPEJ experts will be prepared and submitted to the Ministry of Justice for its consideration with recommendations to make legislative amendments be in line with the CEPEJ guidelines and the European standards.

 

Working Group Meeting on the Development of a Mediation Services Guidebook in Turkey

The Working Group Meeting on the Development of a Mediation Services Guidebook in Turkey took place on 14-15 July 2016 in Ankara. Participants included academicians, mediators from different educational institutions, the Council of Europe CEPEJ expert, Mr Jeremy Tagg, the team of the Mediation Department of the Ministry of Justice of Turkey, the representative of the Union of Turkish Bar Associations, the staff of the Mediation Centres in Pilot Court Houses, the technical team of UYAP (Turkish National Judiciary Informatics system; finalist in the 2008 edition of the Crystal Scales of Justice Prize), and the Project Team of the Council of Europe. The meeting aimed at developing a “Mediation Services Guidebook” in Turkey, in which the main tools and information for court-annexed mediation services and out-of-court mediation practices will be placed. During the first day of the meeting, the benefits of the Guidebook were presented on the basis of the practices in the United Kingdom, and discussions were held on its content, the actors of the mediation process and mediation forms. During the second day, an initial meeting with UYAP was organised to present the “Mediation Portal” developed by UYAP. The participants gave feedbacks about the portal and the module. In the following meeting with the Mediation Department, views were exchanged regarding the Mediation Helpline, its website, statistic data, how to deal with complaints and satisfaction surveys. The guidebook is expected to be ready in October 2016.

 

Workshop on designing mediation training in Turkey

A Workshop on designing a training curriculum and modules on mediation took place from 18 to 20 August in Antalya. The general aim of the workshop was to create the modules of the basic Mediation Training Programme in Turkey. Representatives from the Ministry of Justice, academicians, and trainers from different universities, together with the Project Team of the Council of Europe, all participated in the workshop. CoE/CEPEJ experts participated to the first day of the workshop through a video conference. The results of the needs analysis report prepared by the national curriculum development expert, Prof. Dr. Cennet Engin Demir, were presented in the Workshop. A draft curriculum, which was previously prepared with the co-operation of the curriculum expert and the CEPEJ experts, had been reviewed and improved in the Workshop by the participants. During the second and third day of the Workshop, national experts discussed the content of the curriculum and worked on modules, training materials and tools for the mediation training. A follow-up Workshop will be organised in September.

 

"Training of Trainers" in mediation practices in Ankara

A training session on teaching mediation practices was held in Ankara from 6 to 8 June 2016. It was led by two experts of the CEPEJ, accompanied by two professional experts. During the three day programme, participants had the opportunity to simulate mediation practices, to become familiar with the key elements of effective mediation, and to learn how to use several practical tools to train future Turkish mediators themselves. Meanwhile, the CEPEJ experts and the consultants were able to offer their recommendations on the mediators’ training curriculum, which is in the process of being developed and drafted, in line with European standards and in particular with the "CEPEJ Guidelines for a better implementation of the existing recommendation concerning family mediation and mediation in civil matters".

 

The Mediation screens – a new tool for Turkish courts 

Mediation Centres, which have been initially established in 6 pilot jurisdictions (Ankara, Istanbul, Izmir, Bursa, Kayseri, Mersin) have been using the UYAP (National Judicial Network System) mediation screens, since 30 May 2016. UYAP is a network that connects courts, mediators and mediation centres under a unified mediation portal, and it hosts “Mediation Information Forms” developed in cooperation with the CEPEJ Experts. Litigants are provided with these mediation forms through its interface, directly by judges in the pilot courts. In addition to the introduction of an alternative dispute resolution scheme, this system also aims at enabling the Turkish Ministry of Justice to collect data on the use of UYAP and on mediated cases, before this pilot system can be applied nation-wide.
More information about the UYAP system (in Turkish)

 

International Conference and Working Group Meetings on Legislative Amendments to Mediation Law in Turkey

An International conference, together with Working group meetings on amendments to the Turkish legislation on mediation were organised in Ankara on 11- 13 May 2016, with the participation of the Ministry of Justice, the Court of Cassation, the High Council of Judges and Prosecutors, mediators, lawyers, judges, court clerks, academics, as well as trade unions and NGOs. They were supported by the CEPEJ, and by national experts who contributed to take stock of the current state of mediation practices and developed proposals and recommendations concerning the amendments prescribed by the Turkish legislation. The workshops focused on three subjects: labour and family law, and on effective mediation services. This work aimed at analysing the existing legislation and at identifying legislative amendments, in respect of the current practices in Turkey and Europe. A final review meeting will be held in October 2016, in order to assess the progress made, and to elaborate final proposals and recommendations on legislation.
Programme

 

4th Steering Committee Meeting of the Programme entitled “Developing Mediation Practices in Civil Disputes in Turkey”

The fourth meeting of the Steering Committee (SC) of the Project entitled “Developing Mediation Practices in Civil Disputes in Turkey” took place in Ankara on 10 May 2016 and it was chaired by Mr Musa Heybet, Deputy Undersecretary of the Ministry of Justice. The SC is composed of representatives of Turkish ministries, judicial and academic bodies, the Swedish International Cooperation Development Agency (Sida), and the Council of Europe. The aim of the meeting was to discuss the results achieved since November 2015, together with the risks foreseen in the future implementation period. The SC members were also briefed by the CEPEJ experts on the outcomes of the assessment visits carried out to six pilot jurisdictions, and about pilot practices in these jurisdictions. The Head of the Mediation Department of the Ministry of Justice, and the representatives of Sida expressed their consent to the amendments to the Action Plan proposed in the Mid-Term Evaluation report, and their satisfaction with regards to the results achieved so far.

 

Mediation : Assessment visits, Izmir And Bursa Courthouses

Assessments visits have been organised in Izmir and Bursa Courthouses on 6-8 April 2016, under the Project on Developing Mediation Practices in Civil Disputes in Turkey. The aim of these visits was to monitor the progress in the application of the mediation scheme in these courthouses, which were designated for piloting this process under the Project. The delegation entrusted with the assessment was composed of the representatives of the Ministry of Justice Mediation Department and the Directorate General of Legislations as well as of the Council of Europe project team supported by one of the CEPEJ experts. The delegation monitored each and every step of the mediation process, and the roles and functions of mediation actors and stakeholders. In this regard, a general review of practices were discussed and ideas for improvement were shared with pilot judges, mediators, mediation centre and front office staff, lawyers, Deputy Chief Public Prosecutor and with the members of the Justice Commission. The judicial referral process was observed at the level of different courts/judges, which revealed the need for continuous and advanced training for judges. Furthermore, the functioning of the mediation centre and the front office in these courts was examined. By the end of the visit, the CEPEJ expert made a draft evaluation of the practices observed in the two courthouses and shared his ideas and proposals with actors and stakeholders of mediation for further improvement. The CEPEJ expert will soon draft an evaluation report, in line with the CEPEJ standards, which will be shared with all stakeholders in due time.

 

Monitoring Visits to Pilot Jurisdictions in Mersin and Kayseri, Turkey

19 January 2016, Mersin and 21 January 2016, Kayseri

Monitoring visits to observe the pilot practices in Mersin and Kayseri jurisdictions were organised in the framework of the project: "Developing Mediation Practices in Civil Disputes in Turkey", implemented by the Council of Europe and co-funded by the Swedish International Development Cooperation Agency (Sida) and the Republic of Turkey. The delegation composed of Ministry of Justice, the Council of Europe, and Sida representatives launched the monitoring visits in Mersin on 19 January 2016.
Mersin
The visit started with a pre-assessment meeting, and with the participation of the Chief Public Prosecutor of Mersin, the Head of Justice Commission, pilot judges, mediators, the mediation centre and the front office staff. The delegation observed a judicial referral process in a hearing at the 4th Civil Court of Mersin. Following the visits and a review of the practices at the Mediation Centre and at the Front Office, the delegation participated in the seminar on “Mediation in Family Disputes” for mediators and lawyers. The visit was concluded on 20 January with a meeting where the outcomes and findings of the monitoring were discussed and evaluated by all stakeholders.
Kayseri
The monitoring visits continued in Kayseri on 21 January 2016 according to the same scheme. The delegation took part in the seminar on “Mediation in Labour Disputes” for lawyers and mediators. The visits were concluded on 22 January with a wrap-up meeting to evaluate the outcomes of the pilot practices in Kayseri.
The findings and outcomes of monitoring visits to two pilot jurisdictions – Mersin and Kayseri – will be used to modify the schemes aimed at improving the efficiency of mediation system in Turkey.
 

Basic Mediation Training for Judges of Turkish Pilot Courts

4-8 January 2016, Ankara

The Basic Mediation Training for judges of Turkish pilot courts was organised in Ankara from 4 to 8 January 2016. The event was hosted by the Union of Turkish Bar Associations. The training was delivered by five trainers of the Baskent University in Ankara, and it focused on communication and negotiation skills, behavioural sciences (psychology), meeting management and mediation.

 

3rd Steering Committee Meeting and monitoring visit – Developing Mediation Practices in Civil Disputes in Turkey

24 November 2015, Ankara

The third meeting of the Steering Committee of the Project on Developing Mediation Practices in Civil Disputes in Turkey took place in Ankara on 24 November 2015, and it was chaired by Mr Musa Heybet, Deputy Undersecretary of the Ministry of Justice. The following stakeholders participated in the meeting: the Ministry of Justice, High Council of Judges and Prosecutors, Union of Turkish Bar Associations, Union of Turkish Chambers and Commodity Exchanges, Turkish Union of Tradesmen and Craftsmen, Ministry of Economy, Ministry of Development, Swedish International Cooperation Development Agency, Council of Europe, judges and mediators from pilot jurisdictions, and academicians. The meeting was aimed at making an assessment of the project activities carried out since the first meeting of the Steering Committee, as well as of the planned activities. Participants expressed their satisfaction with the results achieved so far. The next meeting of the Steering Committee will be held on 12 April 2016.
The Ankara and Istanbul Courthouse are two of the six pilot courthouses under this Project. The Council of Europe Project team, a CEPEJ expert, as well as the Project team of the Ministry of Justice Mediation Department met with pilot judges, mediators, mediation centre and front office clerks, lawyers, Deputy Chief Public Prosecutor and the members of the Justice Commission. A collective mediation information session as well as a mediation seminar for lawyers has also been organised both in Ankara and in Istanbul.

 

Training session for the staff of Turkish CEPEJ pilot courts on mediation information centres

19-20 November 2015, Ankara

A Training session for the staff of the Turkish pilot courts of the CEPEJ on mediation information centres was held in Antalya on 19-20 November 2015. Staff of the pilot courts, including those of the mediation information centres, mediators and academics, took part in the training. The first day of the training consisted of information sessions on mediation legislation, the functioning of mediation procedures, and of mediation centres. The second day included presentations on effective communication techniques. Furthermore, working groups were created and role plays were performed interactively by the participants; finally, feedbacks were received and delivered by the academics.

 

Study visit of a Turkish delegation to Rome on Civil Mediation

19-23 October 2015, Rome (Italy)

A Turkish delegation accompanied by CEPEJ experts will visit Rome from 19 to 23 October 2015, in order to have an in-depth view of the Civil Mediation system in Italy. During the visit, the delegation will meet the Italian State Undersecretary of Justice, Mr Cosimo Maria Ferri, representatives of the Ministry of Justice, of the Court of Cassation, of the Constitutional Court, of the National Bar Council, as well as professionals in the field of mediation, in particular trainers. They will discuss Civil Mediation in Italy, including its possible developments, its legal framework and the statistics in the field of Mediation.
Programme

 

Development of a Strategy for Public Awareness and Communication on Mediation in Turkey

11 September 2015, Ankara
The first Workshop on Development of a Strategy for Public Awareness and Communication took place in Ankara on 11 September 2015. Representatives of the Ministry of Justice, the Union of Turkish Bar Associations, mediators, academicians, judges and court staff from pilot courts took part in this work in line with the CEPEJ Guidelines for a better implementation of the existing recommendation concerning family mediation and mediation in civil matters. Professor Abdulrezak ALTUN, the Communication Expert, presented the draft communication strategy which will take its final shape according to the proposals and the experiences of the stakeholders.
Programme

 

Second meeting of the Steering Committee of the Project on Developing Mediation Practices in Civil Disputes in Turkey  

6 July 2015, Ankara

The second meeting of the Steering Committee of the Project on Developing Mediation Practices in Civil Disputes in Turkey took place in Ankara on 6 July 2015. It was chaired by Mr Musa Heybet, Deputy Undersecretary of the Ministry of Justice. The following stakeholders participated in the meeting: the Ministry of Justice, High Council of Judges and Prosecutors, Union of Turkish Bar Associations, Union of Turkish Chambers and Commodity Exchanges, Turkish Union of Tradesmen and Craftsmen, Ministry of Economy, Ministry of Family and Social Policies, Ministry of Development, Swedish International Cooperation Development Agency, Council of Europe, judges and mediators from pilot jurisdictions, and academicians. The Council of Europe and Ministry of Justice briefed the different stakeholders on the project activities carried out since the first Steering Committee meeting on 6 April 2015, as well as on the planned activities for the upcoming implementation period. The participants conveyed their views and opinions about the four project components (legislation, pilot schemes, institutional capacity building and awareness raising). The next Steering Committee meeting will be held on 12 November 2015.


Improving Mediation Practices: Turkish Judges and Mediators trained on judicial referral to mediation

15-16 June 2015, Ankara

A practical training for civil court judges in Turkey took place in Ankara on 15-16 June 2015. CEPEJ experts led “mock-mediation sessions”. Selected judges and mediators from Izmir and Istanbul (Çaglayan Courthouse) pilot courts also presented the judicial referral process to mediation in civil disputes through other moot-court sessions. This was the first practical training organised to define the basic principles of judicial referral, develop targeted skills, and implement relevant mediation legislation, in line with CEPEJ mediation guidelines.
Programme

More information about the project

 

Study visit to London in order to develop mediation practices in civil disputes in Turkey

2-4 June 2015, London (United Kingdom)

A study visit to the United Kingdom was carried out on 2-4 June 2015. The delegation from Turkey included 14 representatives from the High Council of Judges and Prosecutors, the Ministry of Justice, the Union of Turkish Bar Associations and the Turkish Confederation of Tradesmen and Craftsmen. Most of these institutions are represented on the Mediation Council in Turkey. Meetings were also held with relevant United Kingdom stakeholders in the field of mediation, such as the Ministry of Justice, the Civil Mediation Council, the Bar Council’s ADR Committee, the Centre for Effective Dispute Resolution, and the First intance Tribunal Property Chamber. The meetings focused on different aspects of mediation, particularly judicial referral to mediation, the role of lawyers in mediation, legal aid, and the overall system of mediation in the United Kingdom.
Programme

 

Turkish Judges and Mediators are starting pilot practices in selected courts in 6 pilot jurisdictions in Turkey to implement mediation practices effectively in civil disputes

27 to 29 April 2015, Ankara

A Workshop on Introducing Mediation Pilot Practices and Developing Implementation Plans for Pilot Courts will be held in Ankara between 27 and 29 April 2015. Judges, mediators, lawyers, mediation associations, national and international CEPEJ experts of the Council of Europe and representatives of the Ministry of Justice, the High Council of Judges and Prosecutors, the Union of Turkish Bar Associations, Business Community will come together to discuss and develop implementation plans on how to best apply mediation practices in civil disputes in Turkey. After this pilot process in the project, the experience and lessons learnt will be used to make any changes needed to the institution of mediation in Turkey.
Programme of the workshop
More information

 

1st Workshop on the Improvement of Turkish Mediation Legislation

7-8 April 2015, Ankara

A workshop on the improvement of mediation legislation took place in Ankara on 7-8 April 2015 as part of the project on “Developing Mediation Practices in Civil Disputes in Turkey”. Participants included the main stakeholders, in particular judges, lawyers, representatives of mediation associations, academicians, and representatives of business sector. The first day of the workshop was devoted to the presentation of challenges in the enforcement of mediation legislation in respect of all stakeholders of mediation (lawyers, mediators, judges, and business). Participants also examined the issue of legislative amendments required for the implementation of effective mediation schemes in Turkey. A presentation was made on European mediation legislation, with a particular focus on the French model. On the second day, groups of participants (judges and mediators in one group, and mediation associations and business sector in another) in order to prepare action plans including facilitative measures to be implemented in pilot jurisdictions. The workshop was concluded with group presentations on possible action plans and legislative amendments according to court categories.

 

Workshop on European Mediation Practices and Review of Turkish mediation Training Programmes

11-14 March 2015, Ankara

The first workshop under the third component of the Project “Developing mediation practices in civil disputes in Turkey“ was organised in Ankara on 11-14 March 2015 with the participation of nearly 70 national and international experts. The first two days of the workshop were dedicated to the presentations of mediation practices in Europe. National academicians and experts from Universities of Hacettepe, Çankaya and Istanbul Sehir discussed and further elaborated on the shortcomings and needs of the current Mediation Training Programmes in Turkey and submitted proposals for a model mediation training programme. On the last two days of the workshop, participants were divided into 4 groups to focus on training modules on Law, Psychology, Dispute Resolution and Mediation. The workshop ended with a plenary session during which each group reported their findings, and afterwards a general evaluation was made with the contribution of all participants.

Programme
Press interview on mediation in Turkey - Hurriyet Daily News of 16 March 2015

 

Workshop to develop a strategy for the visibility

26 February 2015 - Ankara

 

Inception meeting of the project  "Developing mediation practices in civil disputes in Turkey"

26 and 27 January 2015 - Strasbourg

Programme of the meeting

Powerpoint presentation from the Mediation Department of the Directorate General of Civil affairs of the Ministry of justice of Turkey [in English / in Turkish]

 

 

Contacts

Implementation of the reform at the Ministry of Justice in Turkey:

Hakan Öztatar
Ministry of Justice of Turkey, Directorate General of Civil Law Affairs, Department of Mediation
AdaletBakanligiEkBina, Mustafa Kemal Mah. 2151 Cad. No:34, B Blok 1. Kat (06530) Sögütözü/ANKARA, Turkey  

e-mail: hakan.oztatar@adalet.gov.tr

 Council of Europe: Paul Meyer, e-mail: Paul.Meyer@coe.int; Tel: +33 (0)3 90 21 55 22

Council of Europe Programme office in Turkey: 

Council of Europe Programme Office, TYildizevler Mahallesi, R.Tagore Cad., Yunus Ensari Is Merkezi, No:10/7 ve 8, 06700 Ankara
Michael Ingledow, Head of Office
Tel: +90 312 468 84 64, Fax: +90 312 468 84 06
ankara.office@coe.int


Usefull links

Website of the Ministry of Justice of Turkey devoted to the CEPEJ

Country profile: Turkey (CEPEJ website)
Ministry of Justice of Turkey - internet website concerning the activities of the project

 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 

CO-OPERATION

Albania

Azerbaijan

Croatia

Jordan

Kosovo*

Latvia

Republic of Moldova

Morocco

Tunisia

Turkey

Ukraine

Eastern partnership

Targeted co-operation

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