Contractual responsibility of the mediator

Mediation refers to an alternative dispute resolution method in which the parties try to resolve their disputes with the participation of a neutral and independent third party who has the title of "mediator". Mediation, which was included in our legislation with the Law on Mediation in Civil Disputes, was initially accepted as a voluntary alternative dispute resolution method that the parties could apply on their own initiative. However, mediation became a condition of litigation first in labor disputes, and then in commercial and consumer disputes with the provisions included in our legislation later. In the mediation process, there are many obligations that the third party who has the title of mediator must comply with; these obligations may arise directly from the law, regulation or ethical rules, as well as from the mediator agreement concluded between the parties and the mediator. If the mediator violates one of these obligations, civil, criminal and disciplinary liability will arise. The liability of the mediator for the acts of the mediator's assistants is also an issue that needs to be examined. This broad area of responsibility of the mediator needs to be explained in detail.