Turkey ponders instating a family mediator system for divorce proceedings
The Justice Minister of Turkey, Yılmaz Tunç, has announced a new "judicial package" or omnibus bill, which includes the implementation of family mediation in divorce cases. This proposal is part of Tunç's efforts to address the problems faced by citizens in divorce proceedings in Turkey and expedite the process.
The new judicial package aims to separate divorce cases from cases related to compensation and alimony, a move that is expected to significantly reduce the duration of lawsuits. Tunç is seeking input from experts, including judges of family courts and officials of higher courts, regarding the new judicial package.
Family mediation, as commonly used in most European countries, is a structured, neutral process that encourages divorcing parties to negotiate settlements collaboratively, often with court or legal system support. The focus is on mediation before litigation, minimizing adversarial court battles, reducing psychological trauma, and prioritizing practical, fair outcomes, especially when children are involved.
Several key aspects characterize European family mediation implementations. Countries like the Netherlands prioritize mediation and negotiated settlements over court proceedings, promoting collaborative approaches that minimize psychological harm and foster constructive dialogue. Child welfare is a central concern in mediation, carefully crafting custody and visitation arrangements to protect children's emotional well-being and maintain relationships with both parents. In some jurisdictions, mediation is supported and sometimes required by law prior to court intervention, with courts having powers to enforce agreements reached through mediation or impose orders if mediation fails.
Benefits offered by family mediation in divorce cases include reduced conflict and psychological trauma, faster and more cost-effective resolutions, greater control and flexibility, improved co-parenting outcomes, and decreased court burden.
Tunç notes that airing severe complaints can affect the privacy of the couples before the court and potentially harm children. He also states that, in some instances, lawyers' encouragement of severe complaints between spouses complicates simple lawsuits.
In 2024, divorces in Turkey saw a slight but significant increase compared to 2023, with the number reaching 187,343 in 2022. The rise in divorces has prompted the government to declare 2025 as "Family Year" to strengthen family bonds and promote marriages.
The implementation of family mediation in divorce cases is expected to bring about a more collaborative and less adversarial approach to divorce proceedings in Turkey, ultimately benefiting both parties and the legal system.
- President Recep Tayyip Erdoğan, in a show of support for Yılmaz Tunc̆'s moves in the general-news sector, has expressed optimism about the new judicial package, hoping it will bring positive changes to Turkey's family-oriented politics, especially in the finance and business aspects.
- In light of the increase in divorce cases and the pending implementation of family mediation, there has been a growing concern in Europe about potential influx of Turkish divorce cases, which could also impact crime-and-justice issues in cross-border families.
- The Justice Minister of Turkey, Yılmaz Tunc̆, while addressing financial and business conferences, has emphasized the importance of prioritizing family mediation not only for resolving divorce cases efficiently, but also for improving Turkey's global reputation in crime-and-justice and legal practices, keeping the focus on matters of European concern.
