Law and politics: Mediation discussion in Turkey and regulation

In addition to being a common institution in international law since the 1970s, mediation has been legally included in the Turkish legal system since 2012. It is known that different manifestations of mediation have existed in both the law and the layers of our society since ancient years. At the beginning of the discussions on mediation; whether mediation will affect the independence of the judiciary and the freedom to seek rights. Likewise, the problems of the possibility of mediation being an alternative to the judicial power, whether compulsory mediation in labor law can work against the worker, and that mediation in family law may cause problems in terms of women's rights will be examined in detail in the study. There are also opinions that argue that the problems to be experienced in practice will result from the lack of legal infrastructure and the lack of expert personnel. In order to be a source of social reconciliation culture, the infrastructure of the mediation system should be intact. In a period when the judiciary is overwhelmed by this work load, the institution of mediation is considered as a very beneficial institution for the courts. Mediation should be developed and expanded in order to ensure a culture of social reconciliation, to maintain the relations of the parties to the conflict in the future and to ease the workload of the courts. The mediation method, which is legally defined in the Law No. 6325, is more known and preferred in terms of its unique characteristics compared to other alternative dispute resolution methods. We have prepared this study in order to contribute to the literature for the development of such an important method.