The Council of Europe 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.
In this regard, field assessment meetings and visits were conducted in Istanbul and Ankara and roundtable meetings were held in Ankara to confirm the findings obtained through desk research. A workshop was held in Ankara on 29-30 November 2021 to share the final findings and recommendations of the needs analysis report with relevant stakeholders.
Council of Europe international consultants, Ms Nina Bettetto and Ms Maria Oliveira, and local consultant, Mr Mustafa Erkan, made a presentation on the needs analysis results and recommendations in order to harmonise the current legal framework on mediation in Turkey with international standards. Within the scope of the meeting, the findings of the roundtable meetings on mandatory mediation, family mediation, the legal status and institutionalisation of mediation centres, as well as assessments and recommendations on the status quo of arbitration in Turkey were discussed. In addition, local gender expert, Ms Ayşe İdil Aybars, presented recommendations from a gender perspective.
The meeting was held with the attendance of approximately 65 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, representatives of the Alternative Dispute Resolution Centre of the Ankara Bar Association, as well as family court judges, peace judges of civil court, manager of mediation bureau, academicians, mediators, the CoE local and international consultants and staff members.
The needs analysis report will be finalised after the workshop and will contribute to the work of the Ministry of Justice in making the necessary legislative amendments that will enable the mediation institution to work more effectively and efficiently.
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.