Mediation in family disputes

In our legislation conjunction with the entry into force of Law No. 6325 on Mediation in Legal Disputes Act, the rules on the amicable settlement of disputes between the parties without resorting to the mediation and alternative dispute resolution and a new period has started in this field. According to Law No. 6325, mediation as a rule is optional. Disputes which parties may freely dispose-with the exception of disputes involving the allegation of domestic violence would be subject to discretionary mediation- even if it carries the element of foreignness. However, with the adjustments and amendments made later, in some disputes related to labor law and commercial law the mediation of the cause of action has been introduced. According to the law, in case of solutions of the family dispute can be applied to mediation voluntarily. Thus, family mediation is an alternative dispute resolution method that has been applied in many foreign legal systems. Through the structure of family relationship, the dispute between family members should be solved with the least damage and especially protecting the advantages of the children. Therefore, in our study, it is aimed to examine the family mediation institution within the framework of the current legal regulations with this to make recommendations on family mediation in terms of the law that should be. In the first part of our study, the principles of mediation, family and the concept of family disputes, description of family mediation, scope and history of family mediation, family mediation in comparative law and family mediation in Turkish law are examined. In the second part, the qualities of Turkish family law, the suitability of mediation in family law and the evaluation of mediation within the scope of mediation practice, the process of application to family mediation, the qualifications that the family mediator should have and the principles to be adapted in the family mediation process and the conclusion of mediation are examined. Keywords: Mediation Law in Legal Disputes, Alternative Dispute Resolution, Mediation, Family Mediation