Project’s overall objective is to improve the effectiveness of the justice system and access to justice by providing a faster dispute resolution for the citizens, businesses, legal persons and other organisations and institutions at large.

Project’s spesific objectives are:

i) To enhance the scope and application of the conciliation and to implement it effectively, by ensuring that the rights of minors, victims and offenders are protected, and skills and professionalisms of the staff of the Directorate General for Criminal Affairs (DGCA) within the Ministry of Justice (MoJ), as well as conciliators, legal professionals and conciliation prosecutors are strengthened.

ii) To enlarge the scope of mediation and arbitration as well as to increase the use and scope of mediation and arbitration in civil law by enhancing the capacity and qualifications of the staff of the Directorate General for Legal Affairs (DGLA) within the MoJ, as well as mediators, legal professionals and judiciary, for a consistent and efficient mediation and commercial dispute resolution.

iii) To enhance the capacity of the MoJ and the staff of the relevant Departments in strategic and policy development of Alternative Despute Resolution (ADR) mechanisms, including and issues pertinent to the design, management and financing of its services.

Title of the Project: Promoting Alternative Dispute Resolution (ADR) in Turkey

Duration: 36 months (16 December 2020-15 December 2023)

Budget: 4,000,000 €

Funding: This Project is co-funded by the European Union (90%) and the Council of Europe (10%).

End Beneficiary: MoJ, Directorate General for Criminal Affairs (DGCA) & MoJ, Directorate General for Legal Affairs (DGLA)

Lead Institution: Ministry of Justice

Contracting Authority: Central Finance and Contracts Unit (CFCU)

Target Groups: Over 2250 members of the judiciary, judges and public prosecutors of first instance courts, court staff, lawyers, ADR professionals (mediators, conciliators and arbitrators), representatives of academia as well as representatives of disadvantaged groups (women, youth, vulnerable groups, etc.)

ER-1: Conciliation in criminal justice system is improved in line with principles and standards of restorative justice

A.1.1 Conducting needs assessment analysis

A.1.2 Conducting monitoring of the conciliation mechanism

A.1.3 Piloting new models of conciliation

A.1.4 Strengthening the capacity of conciliators and staff of conciliation bureaux

A.1.5 Developing conciliation training programmes

A.1.6 Preparation of refresher conciliation training programme and materials

A.1.7 Conducting seminars for judges and prosecutors

A.1.8 Developing new or improving existing manuals and/or guidebooks on conciliation for judges, staff of conciliation bureaux, prosecutors and lawyers

A.1.9 Developing practical handbook(s) for conciliation users and general information leaflets and posters

ER-2: Use and quality of mediation and arbitration is enhanced through strengthening capacities of relevant professionals and institutions.

A.2.1 Conducting a detailed needs assessment analysis and expert review of the legal framework and European best practices

A.2.2 Conducting research on the feasibility on aspects of organisation of mediation

A.2.3 Conducting a needs analysis of the mediation bureaux and TNA of their staff

A.2.4 Assessment of the mediation system under the Regional Courts of Appeal (RCAs)

A.2.5 Supporting targeted court monitoring for the selected cases suitable for family mediation to establish a referral system

A.2.6 Establishing a case management, monitoring and evaluation system in private mediation centres

A.2.7 Developing a unified assessment and accreditation system for mediators

A.2.8 Organising information seminars on mediation and arbitration for members of the judiciary and lawyers in pilot regions

A.2.9 Conducting ToTs on basic mediation training

A.2.10 Organising training workshops on advanced mediation skills course and specialised mediation courses

A.2.11 Developing a training module and organising ToT for the examiners on accreditation and practical examinations of mediators

A.2.12 Organising of awareness raising seminars on mediation and arbitration

A.2.13 Conducting roundtable discussions and information meetings with businesses and their representatives

A.2.14 Preparing practical handbook, guidebooks, public information leaflets and posters

ER-3: Leadership role of the MoJ in strategic planning, policy development and co-ordination of the ADR mechanisms is strengthened.

A.3.1 Holding international high-level conference

A.3.2 Establishing annual (or bi-annual) ADR days

A.3.3 Organising meetings for developing aspects of ADR policies

A.3.4 Organising international study visits

A.3.5 Developing an awareness raising strategy and carrying on the selected information campaigns

ER-1: Conciliation in criminal justice system is improved in line with principles and standards of restorative justice.

ER-2: Use and quality of mediation and arbitration is enhanced through strengthening capacities of relevant professionals and institutions.

ER-3: Leadership role of the MoJ in strategic planning, policy development and co-ordination of the ADR mechanisms is strengthened.