Abstract:

Nowadays there is a tendency to settle disputes outside the court via ami- cable and peaceful alternative dispute resolution methods. One of such methods is mediation. One of the main principles of mediation is that mediation is based on voluntariness. Along with that in various countries such as America, Australia and some countries in Europe have systems which accepts mandatory mediation by ma- king the application to mediation mandatory prior or after the petitioning. It was also recently on our country’s agenda to make mediation mandatory on some types of disputes. In this context the place of this model in our judicial system will be discussed by mentioning whether this model will hinder the access to justice or not, whether it will decrease the workload of the courts or not, via gi- ving examples regarding the application of mandatory mediation around the world.

Keywords: