MEDIATION AND ARBITRATION

When both sides of the case wants to apply local courts in the resolution of legal disputes has led to an increase in the workload in the judiciary and in parallel with the increasing workload, the prolongation of the trial process.

Due to the existence of reasons such as the long duration of the local court activities and the excessive costs, the necessity of resolving the disputes between aspects through alternative means has emerged, and from this point, new arrangements have been made in alternative dispute resolution methods in the Turkish Legal system.

In the Conciliation Law No. 6235 and the Labor Law No. 7036; Conciliation has been introduced as a condition of special action, except for cases of pecuniary and non-pecuniary damages arising from work accidents and professions, as well as determination, objection and recourse regarding them.

Conciliation is a special case requirement for employee and employer receivables based on the law, individual or collective labor agreements, and finally, in lawsuits to pay a certain amount of money debt.   Finally, in the Legal Gazette dated 28 July 2020, article 73/A was added with the title of 'conciliation as a condition of litigation’.       In the content of this substance; for consumer disputes of 10.390,00 TL or more, conciliation is required before filing a lawsuit.  In other words, a step has been taken towards compulsory conciliation.

The main purpose of alternative dispute resolution methods is to provide a simpler and faster resolution of legal disputes by solving the disputes by mutual negotiations and by amicable methods.

In voluntary conciliation, the parties can use conciliation before or after applying to the court.

In summary, the parties can use conciliation, which is an alternative solution at every stage of the dispute, to resolve legal disputes that will last for years, in a very short time with more reasonable costs.

On the other hand, the fact that there are some risks in international trade and the necessity of taking these risks into consideration by those dealing with international trade, the legal regulations in arbitration law in the resolution of national and international commercial disputes and the fact that their application areas can be determined by themselves, the arbitrators in arbitration, judicial judges in a shorter time than the judicial authorities. The fact that they can decide without strictly adhering to the substantive and procedural provisions has resulted in the adoption of arbitration as the most preferred alternative dispute resolution method.

Özgün Hukuk provides all kinds of legal support on alternative dispute resolution methods in line with the wishes of its clients. In this context, it provides legal consultancy services regarding national and international arbitration on the issues of resolution of the dispute through arbitration, arbitration agreement, selection of arbitrators, preparation of contract provisions, selection of the place where the dispute will be resolved, the language of arbitration and the law to which the arbitration will be subject.