Mediation as an alternative dispute resolution method in disputes where the administration is a party: A comparative study

Mediation, as one of the alternative dispute resolution methods, is increasingly used in disputes in which the administration is a party. The subject of the thesis comprises the examination of the applicability of the mediation method in disputes in which the administration is a party utilizing the experiences in comparative law. This thesis aims to reveal the positive and negative aspects of the method and offer suggestions in the scope of this subject. In the first section of the thesis, alternative dispute resolution methods frequently used in practice will be examined and the methods will be evaluated within the framework of the principles governing the law of administrative proceedings; whereas in the second section the mediation method, in particular, will be expounded. Finally, in the concluding section, the experiences of Germany and France as European Union countries within the civil law system utilizing mediation in administrative dispute resolution will be analyzed. Whilst mediation is explicitly foreseen in the French Code of Administrative Justice, it is not foreseen in Germany and instead is regulated by a general law just as it is in our country despite not being limited to private law disputes. Although it is foreseen in our law that the administration can only turn to mediation in private law disputes, upon an examination of examples in comparative law it is also a that there are administrative disputes suitable for mediation. Suggestions will be made in this context in the conclusion.