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Alternative Dispute Resolution (ADR) that includes Mediation and Arbitration, is a highly accepted and widely practiced method of dispute resolution in Istanbul, Turkey. As an alternative to the court proceedings, it aims at resolving disputes in a less adversarial and more efficient manner. Arbitration is typically a consensual process, where disputes are resolved privately by an appointed arbitrator. Mediation, on the other hand, involves the intervention of a neutral third-party mediator who guides the parties towards reaching a mutually acceptable resolution.
You may need a lawyer specializing in ADR Mediation & Arbitration in a variety of circumstances. These include contractual disputes, employment conflicts, family matters, personal injury claims, real estate disagreements, and commercial disputes. A proficient lawyer can provide expert advice, represent your interests and guide you through the intricacies of the mediation or arbitration process.
The legal framework surrounding ADR, Mediation, and Arbitration is governed by several laws in Turkey. These include the Turkish Commercial Code, the Civil Procedural Law and the Law on Mediation in Civil Disputes. In addition, Turkey is a signatory to international conventions, including the New York Convention of 1958, which governs the recognition and enforcement of foreign arbitral awards. Understanding these complex laws requires the assistance of an experienced legal professional.
Mediation is a non-binding process led by a neutral third party to facilitate a mutually acceptable settlement between the disputing parties. Arbitration, on the other hand, is a more formal process where an arbitrator hears the dispute and makes a legally binding decision.
ADR can be used in a variety of situations, including commercial, personal, family and employment disputes. It is an optimal choice when parties seek a more timely and cost-effective resolution compared to traditional court proceedings.
The duration of the ADR process varies depending on the complexity of the case, readiness of parties, and the chosen method of ADR. However, it is generally quicker than the court proceedings.
In Mediation, the outcome is not binding until both parties agree to a resolution and it is signed in the form of an agreement. In Arbitration, the arbitrator's decision is final and legally binding.
Generally, the arbitral decisions are final and enforceable under Turkish Law unless there is a very strong reason to challenge the award, such as a serious procedural error or corruption.
The Union of Turkish Bar Associations, the Istanbul Arbitration Centre, and the Ministry of Justice Mediation Department provide resources, information, and assistance in the field of ADR. Further, various NGOs and institutes such as the Turkish National Committee of International Chamber of Commerce also promote and provide education on ADR in Turkey.
If you require legal assistance in ADR Mediation & Arbitration, the first step would be to consult with an experienced lawyer in this field. It is essential to understand your rights, responsibilities and potential outcomes before starting the process. From interpreting the legal framework to representing your interests during proceedings, a competent lawyer can provide the necessary guidance and support.
