Abstract:

Basic principles were laid down in the mediation law and the mediation directive. Some of these basic principles also contain ethical principles that the mediator must obey. Therefore, direct ethical principles are not organized under a separate heading. For this reason, the Mediation Department has established some ethical principles. These ethical principles are fully prepared for the arbitrary mediation process. As it is known, however, with the Law No. 7036 on Work Procedures, mediation has been put into practice. There should be some differences between the basic and ethical principles of the mediation process, which is the trial condition, and the basic and ethical principles of the discretionary mediation process. As a matter of fact, some changes have been made to the Law on Mediation by Law no. 7036 dated 12/10/2017. With these changes, the role of the mediator has also changed. Here we will try to examine the necessity of re-evaluation of some of the basic and ethical principles of mediation. 

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