Principle of Mediation Equality in Legal Disputes
Description
In the study, first, the concept of alternative dispute resolution and its methods are discussed, followed by a detailed examination of mediation, which is the most widely used alternative dispute resolution method, its development globally and in Turkey, its types, the dominant principles in the process, the obligations of the mediator, and the sanctions that may occur in case of violation of the obligations. The main subject of this study is the principle of equality, which is one of the fundamental principles of the mediation process. Although the present author initially thought that she was dealing with an easy issue during the preparation process of the study, it did not take long to realize that "equality" is actually a very comprehensive and sophisticated concept, requiring consideration from many angles. The objective of this study is to ensure that legal practitioners, individuals benefiting from the mediation process, and especially mediators, are well-informed about the necessity of observing equality when approaching concrete cases, in the hope that the mediation process will yield tangible benefits in practice. Therefore, this study examines the concept of equality, the definitions of power balance, and the various types of power imbalances, separately, to assess how disadvantaged groups can be integrated into an alternative dispute resolution process that should ideally occur between equals.