Mediation is a dispute resolution method which, through various techniques, brings parties to negotiate, establishes a forum for communication in order to make them understand and to create their own solutions, may offer a solution in case of parties’ failure to create solution, which is conducted by an independent and impartial third party professional (mediator). Parties solve their disputes by the help of mediator instead of recoursing to state courts. This is an out-of-court amicable settlement way of dispute resolution. Contrary to court proceedings, social and commercial relations of parties are not damaged, consequently, both parties benefit from the result.
Even though state legislations regarding mediation is a new trend, mediation as an institution in dispute resolution goes very old times. In 1998, Member states of European Union and in 2002 United Nations take resolutions which advise member states to enact laws that improve the ways and conditions for amicable settlement and establish principles for harmonizing such laws. In European Union, laws regarding the alternative dispute resolution methods are enacted. By the time the disputes are resolved by less cost in shorter time with the parties’ high pleasure, the tendencies of states and individuals to these methods increased. Turkey did not fall behind these trends and enacted laws regarding mediation in 2012. All around the World, almost 160 countries perform mediation services in dispute resolution.