Arabuluculukta Tarafsızlık ve Gizlilik İlkesi

With the advancing technology and commercial relations, legal problems between individuals have increased, and out-of-court alternative solution methods have been needed to solve these problems. The traditional way of litigation in the resolution of disputes is generally long and the delay in reaching the solution, the increase in the costs of the proceedings, the unsatisfactory decisions of the parties have led to alternative solutions. One of these resolution methods is mediation. While mediation has been one of the solution methods used since hundreds of years ago, it is known that this method was used in many countries, including Africa, the Far East and the Ottoman Empire. After the reform movements in the field of law in our country, the Law on Mediation in Civil Disputes No. 6325 was published in the Official Gazette dated 22.06.2012 and numbered 28331. Mediation is a procedure carried out by an independent and impartial third party to the parties in dispute, to bring the parties together, to help them find a solution among themselves, and to propose a solution according to the subjects of the dispute. The principle of impartiality and confidentiality in mediation is one of the important elements of this method. Impartiality is included in the ethical rules that states that accept mediation management must comply with. Confidentiality is an important principle at every stage of this process. Therefore, the principle of impartiality and confidentiality in mediation is one of the most important elements of trust building. In this study, the importance of impartiality and confidentiality in mediation will be emphasized.


Mediation, Impartiality Policy, Confidentiality Policy, Impartiality and Confidentiality Policy