Use Of Mediation And Arbitration
Recent changes to Turkish legislation have promoted the use of arbitration and mediation as alternative dispute resolution methods, which have proven to be simple and effective in a variety of conflicts.
While mediation is mandatory before litigation in disputes between employees and employers, consumers, and businesses, people also use voluntary mediation in a variety of different situations.
Parties may resort to mediation in conflicts where they have a say, including the following: rent disputes; elimination of partnership; insurance disputes; family disputes; disputes arising from private hospital transactions; disputes concerning package tours, vacation ownership plans, etc; disputes over adequate pay and unlawful occupation; disputes between international companies; conflicts arising from company takeover, company liquidation, determination of the value of company shares, credit cards, consumer loans and agreements, sales for cash or on credit, latent defects (real or personal property), checks, promissory notes, competition law, intellectual and industrial property rights, commission agreements, pledges, loan agreements; and problems with banks and financial institutions.
However, mediation is not an option in some disputes where the parties cannot reach a mutually agreeable solution such as allegations of domestic violence, divorce, custody disputes, child support issues, property transfers at land registry offices, adjustments at civil registry offices, and public order offenses, all of which require court ruling.
Parties can make an arbitration agreement when they are entitled to resolve the dispute amicably, and such disputes may not arise from national or international relations, property rights, or other circumstances beyond their control. Arbitration agreements bind parties to resort to an arbitrator before going to court, allowing rapid resolution of disputes.
We advise getting professional help from qualified attorneys to learn if you can turn to the alternative dispute resolution methods of arbitration and mediation, which are now changing our litigation habits, and to ascertain the course to be taken in such a situation.