The concept known theoretically as family mediation finds its expression in divorce mediation within the Turkish judicial practice. Developed to facilitate an amicable dissolution of marriage for parties transitioning their relationship to marriage, this concept serves to contribute to the divorce process in a friendly manner.
What is Family Mediation?
While the term family mediation encompasses all individuals constituting a family under family law, divorce mediation is a subset of family mediation that facilitates the amicable termination of the marital union during the divorce process. The objective is to facilitate negotiation and resolve disputes through the assistance of a neutral mediator.
Parties, along with a neutral mediator, sit down to resolve the dispute. If a complete agreement is reached, the outcome is positive. In case of disagreement, the situation is taken to court with the assistance of divorce lawyers. The aim here is not merely to ensure a happy ending but rather to engage in peaceful dialogue and communication within the framework of this negotiation concerning the institution of family, which is a fact. Thus, while the society continues to sustain its generations in a healthy manner, it also fosters the development of problem-solving skills. Because the family is the smallest unit of the state, and everything begins with the improvement of the family institution.
A family mediator provides counseling and therapeutic support. It does not entail a process delving into psychological analyses or individuals' traumas. It is a fact that after receiving the necessary special training, the mediator acquires this profession, aiming to support the healthy societal structure mentioned above and, at the same time, reduce the workload of the courts.
Scope of Application
Mediation is not sought for issues related to public order or matters where parties cannot freely make decisions. It seems legally impossible for family mediation to apply to issues related to custody, domestic violence, or family abuse since the judge's discretion prevails in these matters.
In addition to uncontested divorce cases, in contested divorce cases, parties can somehow resort to mediation to transform their stressful issues and high emotions into an amicable resolution with the assistance of a neutral professional.
How Does the Process Work?
The process begins with the parties resorting to mediation or the judge recommending mediation. As mentioned earlier, reducing the workload of the courts is also another aim. If one of the parties does not comply with the minutes signed by the spouses or their divorce lawyer and the mediator, an enforceable endorsement can be obtained from the Family Court, and the minutes can be enforced.
Subjects of Mediation
The negotiated topics are other issues that do not concern public order. It is a process where rational decisions regarding responsibilities between spouses and, if applicable, concerning the child are made.
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When and how the divorce process will proceed
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Planning communication and interaction between spouses
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Financial matters
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Property divisions
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Other specific issues
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Concerning the Child:
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How the child will be supported
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Arrangements regarding the child's communication and interactions with parents
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Arrangements for vacation periods
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Other specific issues The negotiated topics can be increased or decreased according to the experiences and desires of the parties. This process, typically completed in 3-6 sessions with each session lasting 1 hour, can be extended depending on the attitudes of the parties.
Why Choose Family Mediation?
There are several advantages to the mediation process, which is the result of individuals' own choices.
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Develops future relationships
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All issues are reconsidered, and new issues may be discovered by the neutral mediator
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The process is simple and straightforward due to its non-official nature. Therefore, parties feel more flexible and comfortable.
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Control allows decisions to be made by the parties due to the informal nature of the process
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Offers financial advantages
Family mediation, which is not yet legalized in the Turkish judicial system but is the subject of ongoing work in this regard, provides parties with a healthy communication space. As a result, in a complicated process such as divorce, where individuals' emotions are already mixed, the resolution of conflictual issues is achieved collaboratively with the assistance of a professional mediator.