DoctorateOpen Access

Main stages and tactics in dispute resolution through mediation

2010
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Advisor: Prof. Dr. Muhammet Özekes

Abstract (EN)

The type of resolutions which are aimed at satisfying and compensating the parties involved in a dispute without using conventional judicial approaches are called the alternative dispute resolution methodologies. Among other types of ADR applications, mediation is the most widely used.Mediation is a simplified negotiation model where a neutral third person assists the process. The key differences between mediation and the judicial approaches can be listed by the way the application is submitted, the presence of a neutral third party, the resolution of the dispute, control over the decision process, methodology freedom, and the focus on future events rather than the past.Mediation application can be processed through the use of a mediation contract between each party or upon the request of the court. The latter is called court connected mediation.In the classical mediation approach, the whole process can be divided into three parts. The first part, called the ?opening session?, consists of declaring and listening to the nature of the dispute. The second part of the mediation is called the ?private session.? In an attempt to ease the negotiation process, private sessions are used to acquire the information from individual sides which is difficult to obtain in joint sessions. Finally, the third part is the stage where both parties are present for signing the agreements, and bargain making.The psychologic elements plays a very important role throughout the mediation process. For this reason, all the elements of the mediation from the physical environment to the way the subjects are handled should be unbiased to facilitate a cooperative environment for both parties.There are no solid rules for successful mediation. However, communication, information retrieval, approaching the dispute from the correct perspective, and using various tactics for negotiation and order restoration significantly improve the success rate of such applications.

Author

Elif Kısmet Kekeç

How to Cite

Elif Kısmet Kekeç (Doctorate thesis). Main stages and tactics in dispute resolution through mediation, 2010, Dokuz Eylül University.

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