The Prıncıple of Confidentiality In Mediation and the Role of Confideniıality In Commercıal Mediation

Authors : Dursun Al

Pages : 15-32

View : 10 | Download : 7

Publication Date : 2017-06-01

Article Type : Research

Abstract :Mediation alternative dispute resolution method, which is con- sidered as one of the ADR (Alternative Dispute Resolution) methods primarily in foreign countries and in Turkey along with the adoption of the LMCD (Law on Mediation in Civil Disputes), has begun to be implemented, and it still rapidly con- tinues to improve. In this method, parties want to settle their disputes with the resolutions they created on a voluntary basis with the participation of a registered mediator. The most impor- tant principle of commercial mediation is the principle of confi- dentiality because the parties do not want their trade secrets to becoming public, and lose out their advantages at the end of this process due to the explicitly confessed interests. Accordingly, it is required to comprehend the concept of trade secret and specialize in the commercial mediation field.
Keywords : Alternative Dispute Resolution (ADR), Mediati- on, Basic Principles of Mediation, Confidentiality