Alternative dispute resolution methods refer to various methods outside traditional judicial processes. These methods offer alternative options for resolving disputes, help the parties resolve their disputes, and offer faster, cheaper, and more peaceful ways. In Turkey, where the duration of judicial proceedings is increasing day by day, the value of alternative dispute resolution is becoming more and more evident every day.
Alternative dispute resolution methods commonly used in Turkey are as follows:
Mediation: It is an resolution method used to resolve disputes between two or more persons, institutions, or organizations and has the same results as a court decision. In this method, the mediator, an independent and impartial third party, brings the parties together and ensures the execution of the problem-solving process. Mediation is only possible in private law proceedings. In Turkis law, there are mandatory and voluntary mediation practices. Mandatory mediation is the process where the parties are legally obliged to go to mediation in some disputes that are regulated by law. Voluntary mediation is when parties voluntarily seek mediation services to resolve their private law disputes.
Conciliation: It is an resolution method in criminal law disputes, which is carried out with the parties’ voluntary participation upon the crime victim’s complaint. In this method, a third party, the conciliator, offers suggestions to facilitate the parties to reach an agreement. In the event of a settlement, the prosecutor’s office will not issue an indictment, and a criminal case will not be opened.
Arbitration: It is an resolution method where the parties refer their dispute to one or more arbitrators, and the arbitral decision is final. It allows parties to achieve dispute resolution faster, more flexibly, privately, and cost-effectively than judicial proceedings. Arbitration is an institution that can be established by mutual consent of the parties and is regulated by the HMK in Turkish law.
Our firm provides qualified services to its clients in alternative dispute resolutions.