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Alternative Dispute Resolution (ADR), covering Mediation and Arbitration, in Ankara, Turkey, is an effective way for parties to settle disputes without resorting to court action. Mediation is a voluntary process where a neutral third party, the mediator, assists the disputing parties in negotiating a mutually acceptable solution. Arbitration, on the other hand, is somewhat similar to court proceedings, however, the decision-making is in the hands of arbitrators who are chosen by the parties themselves. Turkey has enacted laws with detailed provisions about procedures and regulations of ADR to govern and facilitate these processes.
Whether you're involved in a business, personal, or real estate dispute, a lawyer could be essential in protecting your rights during Mediation or Arbitration. This is particularly necessary when the dispute involves complex legal issues, or substantial financial stakes. Lawyers' in-depth knowledge of the local laws can help in understanding the legal implications of an agreement, thus enabling you to make well-informed decisions. They also have strategic skills to negotiate your interests effectively.
The Turkish International Arbitration Law No. 4686 governs the arbitration proceedings in Turkey. Also, in 2018, Law No. 7155 introduced mandatory mediation as a prerequisite for certain commercial disputes in Ankara, and throughout Turkey. These laws, which are adapted from international laws, provide regulations for initiating proceedings, appointment of mediators/arbitrators, conducting mediations/arbitrations, and enforcement of agreements/awards.
While both are forms of ADR, mediation is a negotiation process led by a neutral third party and is typically non-binding. In contrast, arbitration is a trial-like process led by an arbitrator or panel of arbitrators who make binding decisions on the dispute.
No, however, under the Law No. 7155, mediation is mandatory for certain commercial disputes before the case can be taken to court.
The agreements reached through mediation or awards from arbitration are enforceable by local courts. You can apply to the local court to enforce the agreement if the other party does not comply.
Generally, arbitrators' decisions are final and binding. Turkish law only allows challenges under very limited circumstances, such as procedural irregularities or if the award is contrary to public policy.
The duration can vary depending on the complexity of the issue, willingness of the parties, and the course of negotiations. However, ADR typically resolves disputes more promptly than court trials.
You can consult the official website of the Ministry of Justice of the Republic of Turkey and the Union of Turkish Bar Associations for more detailed information about ADR in Ankara, Turkey. Also, several professional law firms and organizations provide valuable resources and advice on ADR proceedings.
If you require legal assistance in ADR Mediation & Arbitration, it is advisable to seek advice from a lawyer who specializes in this area. They can aptly guide you through the entire process, help prepare crucial documents, represent you in proceedings, and protect your interests effectively.
