During the two-day symposium, various aspects of mediation were discussed in detail. The opening speeches of the symposium were delivered by Prof. Dr. Ali Yeşilırmak, Vice Rector of Ibn Haldun University and Director of the Dispute Resolution Application and Research Centre, and Çağdaş Özer, Head of the Mediation Department of the Ministry of Justice. In the symposium, a total of 29 presenters presented their papers on current developments in the field of mediation in 12 sessions. The symposium hosted important discussions and new perspectives on the future of mediation.
Session I
On the first day of the programme, in the 1st session chaired by Çağdaş Özer, Head of the Mediation Department, Assoc. Prof. Dr. Çiğdem Yazıcı discussed in detail the legal limits of the prohibition of filing a lawsuit in mediation processes and the consequences of this prohibition, while Assoc. Prof. Dr. Melis Taşpolat Tuğsavul evaluated the concept of compulsory enforceability in the light of current developments. The last speaker of the session, Dr. Lecturer. Prof. Dr. Osman Duran, the last speaker of the session, examined which party will be charged the mediation fees in case of non-agreement in the mediation as a condition of litigation and the abuses experienced in this regard from a legal perspective.
Session II
The second session of the symposium was chaired by Assoc. Prof. Dr. Selin Sert Sütçü from Akdeniz University Faculty of Law. In this session, where family mediation was discussed comprehensively, Assoc. Prof. Dr. Tuğçe Bilici Alkılınç compared the family mediation regulations in comparative law and evaluated the legal arrangements that can be made on this issue in Turkey and its applicability. Adv. Arb. Nihal Coşkun discussed the benefits and application methods of family mediation. Finally, Ms Didem Bengisu made explanations on the importance of communication in family mediation and how the transformative model can be applied.
Session III
The third session of the symposium on mediation practices in labour law was chaired by Assoc. Prof. Dr. Seracettin Göktaş, President of the 9th Civil Chamber of the Court of Cassation. The first speaker of the session, Dr. Lecturer. Prof. Dr. Kübra Demir evaluated the differences between the mediation agreement minutes and the reasons for termination and the effects of these differences on unemployment benefits in the light of current judicial decisions. Prof. Dr. Lecturer. Prof. Dr. Aybüke Karaca Yağcı comprehensively discussed the legal problems that the organic bond between employers may cause in mediation processes.
Session IV
The fourth session was chaired by Assoc. Prof. Dr. Orhan Ersun Civan, Lecturer at TOBB University Faculty of Law. The main theme of this session was the impact of artificial intelligence and digitalisation on mediation practices. The first speaker of the session was Arb. Assist. Prof. Dr. Muhammed Burak Görentaş explained how artificial intelligence can be used in mediation processes and the innovations brought by this technology to mediation. Then, Adv. Arb. Yonca Fatma Yücel shared up-to-date information on the execution of mediation processes with artificial intelligence and block chain technology and video conferencing method.
Session V
The last session of the first day of the symposium was chaired by Prof. Dr. Pervin Somer, Professor at Istanbul Okan University Faculty of Law. In this session, the first speaker, Adv. Arb. Dilek Yumrutaş, discussed in detail the ethical problems encountered in mediation processes and the solutions to these problems. Ar. Assist. Prof. Dr. Hülya Demir Yaleze explained the situational negotiation method, which brings a new perspective to negotiation processes.
SATURDAY 25 MAY
Session I.
The first session of the second day was chaired by Assoc. Prof. Dr. Mustafa Aytaç Özelçi from Istanbul Kültür University Faculty of Law. The first speaker of this session was Dr. Lecturer Elif Altınok Çalışkan from Özyeğin University Faculty of Law. Prof. Dr. Elif Altınok Çalışkan was the first speaker of this session. Altınok Çalışkan evaluated the non-judicial resolution methods of administrative disputes and the place of these methods in Turkish Administrative Law with her comprehensive paper. Then, Ibn Haldun University Faculty of Law faculty member Arb. Prof. Dr. Gülnihal Ahter Yakacak examined the obligation of the parties who do not attend the first meeting in the mediation process to bear the judicial expenses in the light of the recent Constitutional Court decisions. The last speaker of the session, Ibn Haldun University Faculty of Law lecturer Dr. Lecturer. Prof. Dr. Afra Uysal explained the mediation culture in the Ottoman period and the muslihûn practices mentioned in the kadi registers with examples.
Session II
The next session of the second day of the symposium was chaired by Yeliz Bozkurt Gümrükçüoğlu, Deputy Director of the Dispute Resolution Application and Research Centre, Assoc. Assoc. Prof. Dr. Eda Manav Özdemir, Head of the Department of International Arbitration and Alternative Solutions at the General Directorate of Law and Legislation of the Presidency of Administrative Affairs, discussed the Med-Arb model, which combines mediation and arbitration methods. Afterwards, Assoc. Prof. Dr. Sezercan Bektaş compared conciliation and mediation methods used in disputes between the state and investors and evaluated the advantages and disadvantages of these methods.
Session III
The third session was chaired by Assoc. Prof. Dr. Salih Polater, Faculty of Law, Ankara Social Sciences University. The first speaker of the session, Dr. Lecturer. Prof. Dr. Gül Büyükkılıç explained the role of mediation in trademark registration processes and invalidity cases and how these processes can be made more efficient. Prof. Dr. Lecturer. Prof. Dr. Sami Özgür Memişoğlu discussed the compulsory mediation institution in unfair competition cases in a comprehensive framework.
Session IV
The fourth session of the second day was chaired by Prof. Dr. Ali Yeşilırmak, Director of the Dispute Resolution Application and Research Centre. The first speaker of the session, Prof. Dr. Şebnem Akipek Öcal, discussed the current problems arising from the application of mediation as a condition of litigation in disputes arising from lease relations and suggested solutions to these problems. Afterwards, Dr. Assist. Prof. Dr. Süleyman Topak explained the requests for cancellation of the mediation agreement document and how to evaluate these requests within the framework of the basic principles of the mediation process. The last speaker of the session, Adv. Arb. Dr Umut Metin, presented the new needs arising in mediation processes and suggestions for these needs.
Session V
The fifth session was chaired by Prof. Dr. Şebnem Akipek Öcal from TED University. The first speaker of the session, Arb. Assoc. Prof. Dr. Yeliz Bozkurt Gümrükçüoğlu, discussed how the mediation method can be applied on university campuses in the light of examples from the USA and Continental Europe, and explained the benefits that this method can provide to students and academic staff and the studies carried out at Ibn Haldun University. Then, Dr. Lecturer. Prof. Dr. Mehmet Akın Bulut explained how educational technologies can be integrated into mediation education and how this integration can improve educational processes in the light of the example of Ibn Haldun University. One of the researchers of our centre, Ar. Assist. Prof. Dr. Ömer Faruk Kafalı discussed the role of workplace mediation in developing the corporate ecosystem and the benefits that can be achieved with this method.
Session VI
The sixth session was chaired by the President of the Peer Mediation Association, Av. Arb. Nejdet Göğüsdere, President of the Peer Mediation Association. Adv. Arb. Mine Demirezen explained the role of peer mediation in the fight against bullying and the positive effects of this method on young people. Then, Adv. Arb. Nazlı Özlem Atmaca detailed how peer mediation projects are implemented in schools and how these practices benefit students.
Session VII
The last session of the symposium was chaired by Istanbul Kültür University Faculty of Law, Arb. Prof. Dr. Özlem Acar Ünal, Lecturer at Istanbul Kültür University Faculty of Law. In this session, firstly, Adv. Arb. Neriman Uygur discussed the applicability of mediation in construction law and how to overcome the formal form requirement in real estate sales promises and construction contracts in return for land share. Then, Meryem Dündar and Çiğdem Kıyak, final year students of Ibn Haldun University Faculty of Law, presented the perspectives of trainee lawyers on mediation practices and training within the scope of the TÜBİTAK project they are conducting, based on the examples of Denizli and Afyonkarahisar provinces.
The closing speech of the symposium was made by our Deputy Director of the Dispute Resolution Application and Research Centre, Arb. Assoc. Prof. Dr. Yeliz Bozkurt Gümrükçüoğlu on behalf of the Symposium Organising Committee. We would like to express our gratitude to the members of the Scientific Committee, the owners of the papers and all our audience for their contributions and support in the preparation of the Symposium, where all the papers presented were subjected to double blind peer review.
You can watch it from: youtube.com/@IHUUCAM
