Abstract:

Mediation is a non-binding alternative dispute resolution (ADR) method. Mediation appeals litigation in various ways such as its easier, faster and cheaper. If the parties choose mediation, they will have the power to control the outcome. Therefore, both parties will WIN. In 2013, Law on Mediation in Civil Law Disputes entered into force in Turkey. The scope of the Law on Mediation in Civil Law Disputes is determined under its first article. According to this article, only private law disputes are suitable for mediation which means if the dispute is related to public law, criminal law, tax law nor administrative law parties cant apply to mediation. Even if the private law dispute has an existence of a foreign element, mediation is still applicable. Furthermore, mediation applied in private law disputes, arising solely from the affairs or actions on which the parties may freely have a disposal right. For instance, under Turkish family law parents don’t have free disposal right over their children. Therefore, child support is not in the scope of the mediation since the government has a duty to protect child's interest. The first article also emphasizes that disputes containing domestic violence are not suitable for mediation. Although mediation is a new ADR in Turkey its application is growing rapidly. But still, it has a long way to develop if we compare with the European countries and the United States. Unfortunately, the enforceability of the mediation on family law disputes is still limited. This study will discuss the enforceability of mediation in the family law disputes arising from breaking the engagement, annulment of marriage, results of divorce and separation, marital property, kindship, paternity of husband, adoption, family property, custody of the child and guardianship.

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