MEDIATION METHOD IN THE SETTLEMENT OF LEGAL DISPUTES WHERE A GOVERNMENTAL BODY IS A PARTY

Abstract

The mediation method as one of the extrajudicial methods of settlement has gained importance in the settlement of legal
disputes and hence its use for various legal disputes where a governmental body is a party has become a current issue. Therefore,
a regulation has been made in the Law numbered 6325 on Mediation in Civil Disputes. Thus, a limited application area has
been opened with regard to disputes that a governmental body is a party. The present study has focused on the implementation
of the mediation method in the settlement of legal disputes in which a governmental body is a party. Mediation method can be
used in the settlement of disputes arising from the works and actions engaged by governmental bodies in the field of private
law. Mediation method cannot be used in the settlement of legal disputes arising from the works and actions engaged by
governmental bodies in the field of public law. The use of mediation in the settlement of administrative disputes resulting from
the actions of governmental bodies in the field of public law will reduce the workload of administrative jurisdiction bodies
while ensuring that certain legal disputes between individuals and governmental bodies are settled in a less costly manner in a
shorter period of time. This, in turn, will be beneficial for both parties of the legal dispute while also contributing to both the
state and the society. Hence, we are of the opinion that the mediation method should be implemented in the settlement of certain
administrative disputes of governmental bodies. This is also important for ensuring that governmental bodies closely follow
current affairs and that they do not lag behind the law as well as society.