Mediation in terms of International Private Law

Although litigation is the most common method used to resolve disputes, applications to alternative dispute resolution in recent years. On the other hand, mediation has become an alternative dispute resolution that has widespread both in nationally and internationally areas. The parties started to be preferred mediation in their disputes due to they could participate the mediation process in voluntarily, they could enunciate themselves by means of privacy policy, they could remote the process and could resolve the dispute with their own creative method. Additionally mediation is shorter and cheaper than trial and mediation reduces the burden of the courts. These are benefits of the mediation. Different classifications are made for types of mediation however the most common types of mediation are facilitative and evaluative in practice. Mediation is a voluntary process essentially. In Turkish legal system mediation cause of action started to be implemented as of 2018. In other words parties shall apply to mediation process on some disputes before open a case. If they do not apply to mediation process before, the case will be rejected. The Singapore Convention regulates the enforceability of settlement agreements that reached as a result of international commercial mediation. This Convention aims to promote mediation in international trade and the parties in the contracting states will be able to resolve their disputes through mediation instead of facing the risk of applying the law of another country in their disputes involving foreign elements. The possibility of preferring the mediation method will increase with enforceability of the settlement agrement that is signed between the parties. The Singapore Convention is modeled from the New York Convention that regulates recognation and enforcement of foreign arbitral awards. Turkey is one of the countries that signed the Singapore Convention and ratified the Convention with the harmonization law accepted by the Turkish Grand National Assembly.