What is Mediation?
The mediation system is a dispute resolution method applied in civil law cases. A mediator is an impartial arbitrator who is either freely chosen by the parties or automatically appointed upon request. Mediation is divided into mandatory and voluntary types:
Mandatory Mediation: In civil law cases, it is a prerequisite for filing a lawsuit. Parties are encouraged to try resolving the issue through mediation before filing a lawsuit. Voluntary Mediation: This is an optional method chosen by the parties in any civil law matter.
How Does the Mediation Process Progress?
After the parties apply for mediation, either mandatory or voluntary, both processes proceed in the same way:
Invitation Sending: The appointed mediator sends an invitation to the parties to discuss the dispute. The invitation specifies the time and place of the first meeting to resolve the issue.
Meetings: In this meeting, the applicant party presents their requests to the other side. The meeting does not have to be concluded in a single session; multiple sessions may be held to seek a resolution.
Conclusion: The mediator prepares an agreement or non-agreement report and closes the case by having both parties sign it.
Does the mediator ask for money from the parties?
The mediator does not ask for money from the parties. If an agreement protocol is drawn up at the end of the meetings, it is determined which party will pay the mediator’s fee and how much, as stated in the law. However, if an agreement protocol is not reached, no payment is made to the mediator at this stage. If a lawsuit is filed regarding the dispute, the fee will be collected from the losing party.
Does the mediator send messages to the parties?
The mediator does not send messages to the parties. They may only use messages to inform about the invitation. However, this notification is not intended to scare the parties or ask for money. If the applicant has requested compensation to resolve a dispute, this payment will not be made until the agreement is signed. The information that a payment will be made via phone, without any signed documents, and that the file will be closed is completely false.
Is the person sending the fake mediation message a lawyer?
If you respond to a fake mediation message, the person will present themselves as a lawyer. The name, surname, registration number, and even the photo might belong to a real lawyer. However, these details are easily accessible and can be used by fraudsters to impersonate a real lawyer. The person who sent the message and is asking for money to close the file is not the named real lawyer. The named lawyer is also a victim of this crime.
Example of a Fake Mediation Message:
“Dear [Name], your mediation file’s last day is today. Please call us to avoid being victimized.”
“Based on the complaint we received regarding your mediation file, if you do not make the payment, your case will be referred to the courthouse and a lawsuit will be filed.”
How Can You Identify Fake Messages from Couriers, Investors, or Illegal Betting Sites, Just Like in Mediation?
There are many people who have fallen victim to other message examples used by scammers. People who take advantage of the fact that almost everyone shops online send messages to victims pretending to be from a courier company. Since the requested fees in these messages are low, victims tend to make payments. However, the victim should not trust such messages.
“You have not received your package. You are required to pay …….-TL, otherwise, we will file a complaint.”
Special attention must be paid to fraudulent methods carried out under the guise of investment companies. For example, a fake investment company account is created, and a certain amount of money is paid into it. The fraudsters then deceive the victim into thinking that three to four times the amount will be taken, and additional payments are requested to withdraw the victim’s money.
In fraudulent attempts via illegal betting sites, the fraudsters claim to have contacted the individuals through the prosecutor’s office, stating that a complaint file has been opened because they subscribed to the illegal betting site. They tell the person that a certain fee must be paid to close the file. However, this is a fraudulent attempt.
In reality, a criminal investigation or lawsuit filed by judicial authorities cannot be closed by paying a fee. If confronted with such fraudulent messages, individuals should immediately consult a lawyer to verify the authenticity of the situation. Additionally, it is important for individuals to check whether there is a file opened in their name at the courthouse or through e-government services.
When you encounter such fraudulent attempts:
Use Official Channels: In legal matters such as complaints or case files, only judicial authorities and official channels should be used. Any information about personal details should only be verified through these channels.
Seek Legal Support: When you receive such messages, immediately consult a lawyer to verify whether the message is genuine. Legal advice is the most reliable way to protect against fraud.
Be Cautious of Those Requesting Payment: Legal files cannot be closed by making any payment. Such a request is an indication of fraud.
What to Do in the Face of Fake Mediation Messages?
To take precautions and protect oneself from such fraudulent attempts, it is important to consult a lawyer, particularly a criminal lawyer, if a similar message is received. An expert criminal lawyer’s guidance will help verify the authenticity of the message, prevent potential legal losses, and ensure that the legal process is carried out correctly. Legal support helps to protect one’s legal rights.
Lawyer Duygu OKUNAKOL & Lawyer Gökhan AKGÜL
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