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ADR (Alternative Dispute Resolution) Mediation & Arbitration is a method of resolving disputes outside of court. It has gained popularity in Ordu, Turkey thanks to its flexible nature. It is less formal, less time-consuming, and less expensive compared to traditional lawsuits. The primary forms of ADR include mediation and arbitration. Mediation is facilitated by a neutral mediator who helps the parties find their own resolution. Arbitration involves a neutral arbitrator who makes a determination after considering the evidence and arguments presented by each party.
Lawyers play a crucial role in all stages of mediation and arbitration process. They can provide crucial advice on the process, potential outcomes, and necessary preparations. They also ensure that you fully understand the rights and obligations involved. In situations when negotiations turn complex, especially due to a balance of power favouring one party, having a lawyer evens the playing field.
Turkey has a modern and comprehensive framework for arbitration, as reflected in the Turkish International Arbitration Code. The Code is modeled after the UNCITRAL Model Law on International Commercial Arbitration. Its national laws ensure the enforcement of foreign arbitration awards. Turkey is also a party to the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards.
Most civil disputes, including commercial, family, employment, and property disputes, can be resolved through ADR methods.
A mediator assists the parties in reaching a mutual agreement, while an arbitrator listens to the evidence and delivers a binding or non-binding decision.
Yes, Turkey recognises and enforces both local and foreign arbitration awards, as long as they do not violate public order and morals.
While not mandatory, it is advisable to engage a lawyer to ensure that your interests are best represented and legally safeguarded.
ADR is generally less costly than court proceedings, especially for mediation. However, costs can vary depending on the complexity of the case and duration of the process.
The Ministry of Justice of Turkey provides resources and details about the ADR processes. The Union of Turkish Bar Associations also provides assistance and guidance for legal processes including ADR.
If you believe that mediation or arbitration could be beneficial for your situation, the first step is to consult with a lawyer experienced in ADR. They can help you understand the process and identify if it's the most suitable avenue for your dispute resolution. They can also assist you in drafting mediation or arbitration agreements, preparing for meetings, and ensuring your rights are protected throughout the process.
