Removal of Mediators from the Registry or List: New Regulations and Process
The mediation system is an important alternative solution that contributes to criminal justice. However, it is essential that mediators meet certain requirements, adhere to ethical principles, and fully comply with the obligations set by the Department Directorate. Legislation provides specific sanctions for mediators who lose these qualifications or exhibit conduct incompatible with their duties.
Situations Requiring Removal from the Registry or List
A mediator;
-
Was registered in the registry despite not meeting the necessary requirements to start the duty,
-
Later loses these requirements,
-
Exhibits attitudes or behaviors incompatible with mediation duties,
-
Fails to fulfill the obligations stipulated by law significantly or continuously,
-
Is found inadequate as a result of performance evaluations,
-
Engages in behavior contrary to ethical principles,
-
Has not completed renewal training,
The Department Directorate removes them from the registry and the list.
Sanctions Applicable for Ethical Violations
In case of behavior contrary to ethical principles, depending on the nature of the violation, the Department Directorate may apply one of the following sanctions:
- Warning,
- Temporary removal from the list for up to one year,
- Direct removal from the registry and list (for severe violations).
Right to Defense and Process Procedure
Before removal from the registry or list, the mediator's written defense is obtained.
-
A period of 10 days from the notification of the written defense is given to submit a defense.
-
A mediator who refuses to receive the notification or does not submit a defense within the period is considered to have waived the right to defense.
Process After a Warning Sanction
warning sanction for unethical behavior is also informed in writing.
-
If the warning is not followed,
-
If a repeated ethical violation is detected,
After obtaining the defense, a decision for removal from the registry and list is made and notified to the concerned individual.
Mediator’s Voluntary Removal from the Registry
A mediator may request removal from the registry and list at any time.
If the mediator meets all other requirements except the exam condition, they may re-register in the future.
Responsibility and Continuity Are Essential for Mediators
The duty of mediation requires a high level of ethical principle, sense of responsibility, and professional competence. Legislation clearly regulates both disciplinary mechanisms and the rights to defense and objection to ensure the process is conducted properly. Provisions regarding removal from the registry and list aim to protect the reliability and impartiality of mediation processes.