The questions most often asked about mediation, international dispute resolution and the process of working together.
What is mediation?
Mediation is a dispute resolution method in which the parties reach their own settlement through a structured negotiation guided by an independent and impartial third person. The mediator does not decide; they surface the parties' underlying needs, restore communication and make it possible to generate settlement options.
What is the difference between mediation and arbitration?
In arbitration a tribunal issues a decision that binds the parties; the process resembles adjudication and a third party determines the outcome. In mediation the decision-making power stays with the parties. A mediator cannot impose a solution, only help the parties find their own. Arbitration establishes past rights, while mediation usually builds a forward-looking relationship.
Which disputes are suitable for mediation?
Corporate and commercial disputes, M&A negotiations, shareholder and partnership conflicts, workplace disputes, generational conflict in family businesses, construction and infrastructure projects, and cross-border commercial relationships are all well suited to mediation. The return is greatest where the parties need the relationship to continue.
How does international mediation differ from domestic mediation?
In international matters several legal systems, languages and business cultures meet at one table. Process design must settle questions of governing law, confidentiality regime, interpretation, time zones and where the resulting agreement will be enforced. Cultural intelligence matters here as much as technical knowledge.
What does the Singapore Convention on Mediation provide?
The Singapore Convention allows settlement agreements reached through mediation in commercial disputes to be enforced directly in state parties. It establishes for mediation the assurance the New York Convention provides for arbitration. Turkey signed on the first day in 2019 and ratified in 2021, becoming the eighth state party.
How long does a mediation take?
Duration depends on the complexity of the dispute, the number of parties and the quality of preparation. Single-issue commercial matters may conclude in one or a few sessions, while multi-party, multi-issue or cross-border matters can require a programme spread over several weeks. What determines the outcome is the quality of preparation, not the length of the calendar.
How is confidentiality protected in mediation?
Mediation is confidential as a rule. Neither the parties nor the mediator may share what they learn with third parties, and statements made during the process generally cannot be used as evidence in later litigation or arbitration. The precise scope of confidentiality is set out in the mediation agreement signed at the outset.
What is a DAAB and why does it matter?
DAAB stands for Dispute Avoidance and Adjudication Board and sits at the heart of FIDIC 2017, the standard for international construction contracts. It is constituted when the project begins, remains in place throughout, and intervenes before a dispute has formed. It is a proactive rather than reactive mechanism.
What is a family constitution?
A family constitution is a governance document that separates ownership, management and family relationships in a family business, setting out in advance the rules for decision-making, generational transition, share transfers and dispute resolution. Its purpose is to agree, in a calm period, how conflict will be handled rather than searching for a solution once conflict has erupted.
What does IMI accreditation mean?
IMI, the International Mediation Institute, is an independent body that sets global competency and ethical standards for mediators. IMI accreditation shows that a mediator has passed a defined experience threshold, been through independent feedback processes and is bound by international ethical rules.
Which languages do you work in?
Mediation and advisory work is conducted in Turkish and English. In cross-border matters negotiations can be carried out in either language.
How can I make a mediation or speaking enquiry?
Write to ferdapaksoy@adristanbul.com with the scope of the matter or invitation, the number of parties involved and your timeframe. For speaking invitations, the date, location and audience of the event will speed things up.