Project on Developing Mediation Practices in Civil Disputes in Turkey
International Workshop and Working Group Meetings on Legislative Amendments to Mediation Law and Regulation in Turkey
11-13 May 2016, Swiss Hotel, Ankara
Under the Project on Developing Mediation Practices in Civil Disputes in Turkey, the Project stakeholders shall “exchange information, views and good practices together with international CEPEJ experts, international keynote speakers and national stakeholders to make amendments in the Turkish Mediation Legislation. In this regard, the workshops will offer the MoJ and national stakeholders a platform to share their experience as regards the examination of current mediation services and possible amendments to the mediation legislation in light of current practices both in Turkey and Europe and future perspectives.
The workshop is a three-day professional workshop divided into three thematic sessions with working group meetings. The main purpose of the workshop and working group meetings is to develop proposals by presenting best practices in Europe and Turkey as well as the results of the monitoring of pilot practices in line with the CEPEJ Guidelines. The meetings will concentrate mainly on the elaboration of on-going legislative amendment process on specific issues such as mandatory mediation in labour disputes, family mediation and practical boundaries linked to domestic violence. All these topics will be discussed both in domestic and international frameworks. The groups will also work on the scope of mediation services which requiring legislative amendments as a result of the practices since 2013.
The first day starts with general presentations on mediation services about pilot practices in Turkey, EU-Mediation perspective and mandatory mediation in Italy. After general presentations, three working groups (WG) will be set up on;
1. mandatory mediation in labour disputes
2. family mediation
3. effective mediation services
During the afternoon sessions, the CEPEJ experts will make their specific presentations about European experiences; answer questions from the participants, and identify the main challenges for potential amendments to the Turkish legislation.
The second day will entirely focus on the analysis of information by international experts and national participants and documenting of the specific topics that would be subject to legislative amendments.
1) Labour Mediation: The first WG mainly work on draft mandatory mediation law on labour disputes in addition to general progress in Europe about mediation practices and role of mandatory mediation.
2) Family Mediation: The second WG will examine current practices of family mediation both in Turkey and Europe in line with CEPEJ guidelines and its boundaries with the international framework, such as the İstanbul Convention and domestic violence issues, and role of lawyers, mediators as well as other supporting professionals in this process.
3) Effective Mediation Services: The third WG will mainly evaluate the status of pilot practices in Turkey following the completion of monitoring visits in six pilot jurisdictions in respect of mediation services and relevant shortcomings with a special emphasis on voluntary versus mandatory. The group will also identify the areas to be regulated under legislative amendments including voluntary mediation, judicial referral, and mediation services as follow up the first legislative workshop last year in April 2015.
All three WGs will start in the afternoon of the first day and continue to work until the end of the second day.
On the third day, the three groups will present their findings and results in joint session. Final reports of the three WGs will have been received within three weeks after the workshop.
The CoE/CEPEJ Experts team has examined the current practices in six pilot jurisdictions (Ankara, İstanbul, Kayseri, Mersin, İzmir and Bursa) so far in line with CEPEJ Guidelines and Recommendation CM/Rec (1998)1 on family Mediation and Recommendation CM Rec (2002)10 on mediation in civil matters.
Family mediation was piloted in Mersin and İzmir jurisdictions through four family courts and with the support of mediators under the Project. Key informants (both judges and mediators) observed that family mediation was a valuable addition to the range of options available to family courts. Both the project team and SIDA give due consideration to analyse the potential results of the family mediation that Pilot courts and mediators need to re-examine the CEPEJ guidelines, international agreements, such as the Istanbul Convention (domestic violence), and relevant national codes, considering limitations and applicability of the mediation. Afterwards, clear legal guidelines are expected to be developed for all family courts and for use of all target groups, such as mediators, lawyers and associated interlocutors, and then incorporated into the domestic legislation.
Labour Mediation as foreseen in its 6-month action plan, the Turkish Government has taken an action to introduce labour mediation by drafting a law on resolving labour disputes through mandatory mediation. The main purpose of the draft law is to reduce the workload of the judiciary. Every year more than 400,000 cases arising from labour disputes are tried at first instance courts as well as the Court of Cassation and the Council of State. Mandatory mediation in labour disputes will be a precondition for parties before litigation. The MoJ announced a draft of the text on mandatory mediation (as a part of the ADR Law and Labour Law) on the MoJ web site in April 2016 to share with all stakeholders for their review and comments. This WG is also intended to examine and provide comments to the draft law (pls see attached for the draft law by the MoJ). Following the approval of the text by the Office of the Prime Ministry, it will be submitted to the Parliament.
The mediation services in Turkey is being widely undertaken by the MoJ Mediation Department (by law No. 6325 and its regulation- see attached law and regulation) with regard to the provision of mediation services including country-wide mediation exam , accreditation of mediators and training institutions, inspection and public awareness services. In addition to the Department, the Mediation Council under the chairmanship of the DG of Civil Law Affairs also sets the implementation principles and standards to mediation services. First Legislation Workshop on Legislative Amendments was organised in April 2015 in order to identify the areas subject to amendments (See attached Legislation Workshop Report). Following this workshop last year, the WG is expected to re-examine these areas in line with pilot practices and European practices and further review and finalise first draft amendments to the current law and regulation.
International Workshop and Working Group Meetings on Legislative Amendments to Mediation Law and Regulation in Turkey
11-13 May 2016, Swiss Hotel, Ankara
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Day 1 Wednesday, May 11, 2016 |
International Workshop |
Main Hall |
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08:30-09:30 |
Registration |
1 hour |
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09:30-09:45 |
Opening: Project progress and the aim of the workshop organisation Ms Özlem Demirel Cook: Project Officer, Council of Europe |
15 min |
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09:45-09:55 09:55-10:05 10:05-10:15
10:15-11:00 11:00-11:30 |
Mr Michael Ingledow, Head of the Council of Europe Programme Office in Ankara Mr Feyzullah Taşkın, Director General of Civil Law Affairs, Ministry of Justice (TBC) Mr Musa Heybet, Deputy Undersecretary of the Ministry of Justice- The Ministry’s approach to the Project and latest progresss in mediation services Panel: Evaluation of the results from the pilot practices (6) in line with CEPEJ Guidelines- CEPEJ Experts Panel Moderator: Assoc. Prof Dr Ali Yeşilırmak Panelists: Mr Jeremy Tagg, Ms Maria Oliveira, Mr Rimantas Simaitis Questions and answers |
10 min 10 min 10 min 45 min 30 min |
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11.30-11:45 |
Coffee break |
15 min |
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11:45-12:15 |
Italian Practice on Mandatory Mediation-What does Mandatory means and which principles applied and lessons learnt Keynote Speaker: Mr Leonardo D’urso, ADR, Italy |
30 min |
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12:15-12:45 |
Questions and answers |
30 min. |
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12:45-14:00 |
Lunch |
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WORKING GROUP SESSIONS 1. Mandatory Mediation in Labour Disputes 2. Family Mediation 3. Mediation Services |
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14:00-17:00 Saloon: Simultaneous translation (English-Turkish)will be provided |
WG1: Mandatory Mediation in Labour Disputes Group Moderator: Prof Dr Talat Canbolat Rapporteur: Assist. Prof Dr Göksun Çağlar Çopuroğlu Typist: Ms Yasemin Erol 1) Presentation on Mediation in Labour Disputes in Europe: Basic Principles and Regulatory Framework – Mr Rimantas Simaitis (30 Minutes) 2) Presentation on draft law on Mandatory Mediation in labour disputes in Turkey – Mr Niyazi Acar, Deputy DG of Legislations (30 minutes) 3) Presentation by Labour Unions and Employer Unions (45 minutes) Discussions: Identification of major challenges |
3 hours |
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14:00-17:00 Saloon: Simultaneous interpretation (English-Turkish) will be provided |
WG2: Family Mediation: from Practice to change: Legal Frameworks and European Guidelines Group Moderator: Prof Dr Selma Çetiner Rapporteur: Ms İlknur Dinçer Yavuz Typist: Mr Sefa Canbolat 1) Presentation on family mediation practices in Europe and its link with the element of domestic violence- Ms Maria Oliveira (30 minutes) 2) Presentation on family mediation in pilot courts: What are the problems Judge: Mr Ali Soyer, İzmir (15 minutes) 3) Judge: Mr Remzi Nazlıcan, Mersin (15 minutes) 4) Presentation by pilot mediators- How a mediator should approach to family mediation Mediator, Ms Nuriye Bilgin, Mersin (20 minutes)
Discussions: Identification of major challenges |
3 hours |
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14:00-17:00 Saloon: Simultaneous interpretation (English-Turkish) will be provided |
WG3: Mediation Services Group Moderator: Assoc. Prof. Ali Yeşilırmak Rapporteur: Assist. Prof Dr Elif Kısmet Kekeç Typist: Mr İsmail Ay 1) Presentation on results of the first Legislation WG in 2015- Assoc. Prof. Dr Ali Yeşilırmak (20 minutes) 2) Presentation on shortcomings of the mediation services in pilot practices-Mr Jeremy Tagg (20 minutes) 3) Presentation on attitudes of lawyers to judicial referral in pilot courts Judge: Ms Zümrüt Eskindicil Göker, İzmir (15 minutes) Judge: Ms Emine Göksun Özçelik (15 minutes) 4) Presentation on attitudes of lawyers to mediation and fee structures between lawyers and mediators- Mr Leonardo D’urso (20 mMinutes)
Discussions: Identification of major challenges |
3 hours |
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17:00 |
End of the day and preparation for the Group Moderators for the following day |
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Day 2 Thursday, May 12, 2016 |
International Working Groups Meeting Identification of shortcomings and developing proposals and guidelines for legislative amendments. |
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09:30-12:30 |
WG sessions continue |
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Working Group 1 |
WG1: Mandatory Mediation in Labour Disputes- Draft Text Group Moderator: Prof Dr Talat Canbolat Rapporteur: Assist. Prof Dr Göksun Çağlar Çopuroğlu Typist: Ms Yasemin Erol National and international participants |
Room 1 Simultaneous interpretation (English-Turkish) will be provided |
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Working Group 2 |
WG2: Family Mediation: from Practice to Change with Legal Frameworks- Developing Guidelines Group Moderator: Prof Dr Selma Çetiner Rapporteur: Ms İlknur Dinçer Yavuz Typist: Mr Sefa Canbolat National and international participants |
Room 2- Simultaneous interpretation (English-Turkish) will be provided |
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Working Group 3 |
WG3: Mediation Services Group Moderator: Assoc. Prof. Ali Yeşilırmak Rapporteur: Assist. Prof. Elif Kısmet Kekeç Typist: Mr İsmail Ay National and international participants |
Room 3 Simultaneous interpretation (English-Turkish) will be provided |
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12:30-13:30 |
Lunch |
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13:30-17:00 |
WG sessions continue |
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13:30-17:00 |
WG1: Mandatory Mediation in Labour Disputes- Draft Text Group Moderator: Prof. Talat Canbolat Rapporteur: Assist. Prof. Göksun Çağlar Çopuroğlu Typist: Ms Yasemin Erol National and international participants |
Room 1 Simultaneous interpretation (English-Turkish) will be provided |
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WG2: Family Mediation: from Practice to Change with Legal Frameworks- Developing Guidelines Group Moderator: Prof. Dr. Selma Çetiner Rapporteur: Ms İlknur Dinçer Yavuz Typist: Mr Sefa Canbolat National and international participants |
Room 2- Simultaneous interpretation (English-Turkish) will be provided |
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WG3: Mediation Services Group Moderator: Assoc. Prof. Ali Yeşilırmak Rapporteur: Assist. Prof. Elif Kısmet Kekeç Typist: Mr İsmail Ay National and international participants |
Room 3- Simultaneous interpretation (English-Turkish) will be provided |
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Day 3 Friday, May 13, 2016 |
International Working Groups Meeting 1/2 day. |
Main Hall Simultaneous interpretation (English-Turkish) will be provided Camera recording is provided |
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09:30-11:30 Group 1: Labour Group 2: Family |
Joint Session-Group Presentations WG1 Rapporteur to present results –30 minutes Receive comments by the audience – 30 minutes WG2 Rapporteur to present results –30 minutes Receive comments by the audience – 30 minutes |
2 hours |
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11:30-11:50 |
Break - Group photo to be taken |
20 minutes |
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11:50-12:50 Group 3: Mediation Services |
WG3 Rapporteur to present results –30 minutes Receive comments by the audience–30 minutes |
1 hour |
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12:50-13:00 |
Chief Moderator- Reporting the results of two days and presentation of the work plan |
10 minutes |
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13:00-14:30 |
Closing Lunch |
90 minutes |