The Council of Europe (CoE) is carrying out a detailed needs assessment analysis and expert review of the legal framework on mediation in Turkey and best practices in Europe in the field of mediation in civil and commercial disputes within the framework of the EU-CoE Joint Project on “Promoting Alternative Dispute Resolution (ADR) in Turkey”. To this end, a general assessment of the arbitration practice is also being conducted.
A roundtable meeting was held on 9-10 November 2021 in Ankara on the findings gathered from the field assessment meetings and visits, which were previously organised within this scope in Istanbul and Ankara.
CoE international consultants, Ms Nina Bettetto and Ms Maria Oliveira, and the local consultant, Mr Mustafa Erkan presented the proposed legislative amendments and recommendations aiming to harmonise the current legal framework on mediation and arbitration in Turkey with international standards. Also, the preliminary findings of the needs- analysis, which focuses on the legal status and institutionalisation of mandatory mediation, family mediation and mediation centres, were shared with the relevant stakeholders. In addition, the findings obtained in the field assessment meetings regarding the design and status quo of arbitration in Turkey were discussed.
Preliminary findings were examined in-depth within two focus group meetings.
The meeting was held with the attendance of approximately 55 participants, including the representatives of the Ministry of Justice, the International Arbitration and Alternative Resolutions Department of the Directorate General of Law and Legislation - the Presidency of the Republic of Turkey, Istanbul Arbitration Centre (ISTAC), the Mediation and Dispute Resolution Centre of the Union of Chambers and Commodity Exchanges of Turkey (TOBB UYUM), the Alternative Dispute Resolution Association, Civil Chamber of the Court of Cassation, Training Centre of the Union of Turkish Bar Associations, the Ministry of Family and Social Services, the Ombudsman Institution, the representatives of the Alternative Dispute Resolution Centre of the Ankara Bar Association, as well as family court judges, peace judges of civil court, staff of mediation bureaus, academicians, mediators, the CoE local and international consultants and staff members.
The results and recommendations of the roundtable meeting will be incorporated in the needs analysis report that will assist the Ministry of Justice in making the necessary legislative amendments that will enable the mediation institution work more efficiently and 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.
