Modern legal systems have turned to alternative dispute resolution (ADR) methods due to increasing caseloads, high litigation costs, and lengthy processes. Mediation, as the most prominent of these methods, is being systematically developed in both the UK and Turkey, implemented in various areas, and supported by various reforms. This week’s article will compare the structural, digital, and social development projects of the mediation system in the UK with current practices and reform initiatives in Turkey.
I. Legal and Institutional Framework of Mediation Systems
1.1 Legal Infrastructure in the UK
Mediation practices in the UK are fundamentally shaped by the Civil Procedure Rules (CPR). Courts have the obligation to recommend mediation to parties before litigation. Article 1.4 of the CPR, which came into force in 1999, mandated courts to “refer the parties to alternative resolution.” Specifically, the 2014 Children and Families Act introduced the MIAM (Mediation Information and Assessment Meeting) requirement in family law.
1.2 Legal Infrastructure in Turkey
Mediation in Turkey gained legal ground with Law No. 6325 on Mediation in Legal Disputes, which came into force in 2012. The first implementations began in 2013, and in 2018, mandatory mediation was introduced as a prerequisite for employment cases, followed by commercial disputes in 2019. Finally, mandatory mediation was also introduced in consumer disputes.
Comparison
- While the UK has established a flexible system where the judiciary manages mediation in an integrated manner,
- Turkey has adopted a controlled approach based on more centrally supervised and mandatory models.
II. Mandatory Mediation Practices and Their Results
2.1 Reform Initiatives in the UK
The UK Ministry of Justice announced that mandatory mediation would be introduced for cases under £10,000 in 2023. Specifically, the Small Claims Mediation Service has introduced a state-supported, free telephone mediation system. In family cases, the MIAM application directs parties to mediation; otherwise, the court process may be delayed.
2.2 Mediation Practice as a Requirement for Filing a Case in Turkey
In Turkey, mediation has been made a prerequisite for filing a lawsuit for certain cases. While this method offers rapid resolution, it has occasionally faced criticisms such as formal applications, unqualified mediators, or stalling for time rather than a genuine resolution.
Comparison
- The UK aims for a system that encourages volunteering by expanding the mandatory system to limited areas.
- Türkiye is expanding the system through legislation; however, despite quantitative success in practice, there are quality issues.
III. Digitalization and Online Mediation
3.1 England: Online Dispute Resolution (ODR)
The United Kingdom is a pioneer in the digital transformation of mediation. Thanks to digital infrastructures such as Online Civil Money Claims and the Digital Mediation Portal, mediation proceedings are conducted digitally. These systems have rapidly developed and expanded since the pandemic.
3.2 Turkey: e-Government Integration and UYAP
Mediation applications in Turkey can be submitted through e-Government and the UYAP Mediation Portal. However, the availability of mediation meetings digitally is still limited and largely dependent on individual initiative. A comprehensive online resolution infrastructure has not yet been established.
Comparison
- While the United Kingdom has integrated digitalization into the entire process;
- In Turkey, digitalization has remained largely at the application and notification level.
IV. Community-Based Mediation Practices
4.1 England: Community Mediation Projects
In England, mediation is seen not only as an alternative to court but also as a tool for social peace and tranquility.
Projects include:
- School Peer Mediation,
- Neighborhood Mediation,
- Young Mediators Program.
Municipalities and NGOs are actively involved in the process.
4.2 Turkey: Lack of Community-Based Practices
In Turkey, mediation is still largely court-based and has not yet been expanded to include areas such as schools, neighborhoods, youth, and communities. While bar associations and NGOs occasionally develop projects in this area, there is no systematic implementation.
Comparison
- England uses mediation not only as a legal but also as a social instrument;
- In Turkey, mediation still remains a technical process alternative to the judiciary.
V. Training, Supervision, and Quality Control Mechanisms
5.1 England: Mediator Authorization and Accreditation
In England, independent bodies such as the Civil Mediation Council (CMC) and the Family Mediation Council (FMC) administer training, ethical guidelines, and supervisory mechanisms.
Mediators are required to complete CPD (continuing professional development).
Levels (levels 1, 2, and 3) and certification are applied in specialized areas.
5.2 Turkey: Mediation Department and Training
In Turkey, the Mediation Department of the Ministry of Justice is responsible for the training provided by accredited institutions. However, the training duration is subject to criticism (84 hours of basic training). The oversight system is nascent.
Comparison
- While mediation is defined as a professional specialty in the UK,
- In Turkey, the system is competence-based but lacks uniformity in practice.
VI. Future Projects and Strategic Vision
6.1 England: Integrated and Community-Focused Development Vision
Strategies for developing the mediation system in the UK can be summarized below:
- Expanding compulsory mediation by area,
- Strengthening digital infrastructures,
- Strategizing the education system,
- Expanding community-based practices,
- The goal of becoming a center for international commercial mediation.
6.2 Turkey: Expanding Areas, But the Problem of Quality
Turkey continues its strategy of expanding mandatory mediation areas; however, there are still structural deficiencies in areas such as maintaining quality, specializing mediators, digitalizing the system, and integrating it with society.
Conclusion and Evaluation
While the UK and Turkey share similar goals for improving their mediation systems, they differ significantly in their implementation approaches. While the UK is building a more flexible system that encourages volunteering and is open to digitalization and social participation, Turkey operates with more centralized, mandate-based, and formal structures.
The key lessons Turkey can learn from the UK in the coming period are:
- Viewing the mediation system not merely as a tool to reduce caseload but as a carrier of a culture of social peace.
- Strengthening the digital infrastructure not only at the application level but also with interactive solution platforms.
- Transforming mediation training into a system based on specialization and lifelong development.
- Developing institutional collaborations with municipalities, schools, civil society, and the private sector.
Every step taken in this direction will make mediation a structure embraced not only by the judiciary but by all segments of society.
Sources:
- Ministry of Justice (UK), Mandatory Mediation Consultation Response, 2023.
- Civil Mediation Council (CMC), “Code of Conduct and Accreditation Standards”, 2024.
- Family Mediation Council (FMC), MIAM Guidance and Regulations, 2023.
- HMCTS Official Report, Small Claims Mediation Service Annual Statistics, 2022-2023.
- Adalet Bakanlığı Arabuluculuk Daire Başkanlığı, Arabuluculuk Uygulamaları Raporu, 2023.
- Altunkaya, S. (2022). Türk Hukukunda Arabuluculuk ve Alternatif Uyuşmazlık Çözüm Yolları.
- Özbek, V. (2023). Zorunlu Arabuluculuk Uygulaması ve Etkinliği Üzerine Bir Değerlendirme, Adalet Dergisi.
- OECD, Access to Justice and ADR Systems in Europe, 2022.
- Law Society of England and Wales, Mediation in the Digital Era, 2023.
She graduated from Çankaya University Faculty of Law in 2005. In the same year, she completed her master’s degree in Constitutional Law at Çankaya University, Department of Public Law. Until 2011, she worked as an ODY-ÜDY Instructor at Vocational Training Centers affiliated with the Ministry of Transport. For approximately 15 years, she has been working as a legal expert at the Union of Chambers and Commodity Exchanges of Turkey (TOBB). Initially, she was involved in Foreign Trade and International Logistics at TOBB and represented the United Nations for nearly seven years. She is currently serving as a legal expert in the SME Policies Directorate within the TOBB Department of Real Sector R&D and Implementation.
Meanwhile, she is working on completing her doctoral dissertation in Administrative Law at Gazi University, Department of Public Law-Administrative Law. After completing her thesis on TOBB, which is recognized by the Council of Higher Education (YÖK) in Turkey, she plans to publish it as a book.
Additionally, since 2023, she has been writing columns in the London section of “DÜNDAR HUKUK” and “DÜNDAR LEGAL SERVICE CONSULTANCY,” which have established themselves internationally, particularly in the field of energy and renewable energy.