Alternative Dispute Resolution
What is Alternative Dispute Resolution?
Disputes have started to diversify today as a natural result of enhanced interaction and communication. While disputes used to be settled by trials by state courts, today, alternative resolution methods are commonly used because state court trials mostly failed to defend the interest of the parties due to economic, length and quality reasons. Alternative resolution methods are increasing in importance and improving every day.
Major Alternative Solution Methods
Major alternative solution methods are as follows:
Mediation; offers a faster, more effective, more economical and confidential solution compared to the court trials. In mediation, parties have the option to jointly select an impartial, reliable and expert mediator to settle the dispute. Mediator focuses on finding a common ground for agreement to strike the best balance between the interests of both parties rather than trying to determine who is right and who is wrong. The importance of the mediation, which has an important place both in the world and in Turkish law, is increasing day by day. Bozoğlu İzgi’s well-experienced litigation team represent their clients by defending their interest at utmost level in the mediation negotiations. Mediation dispute solution branches off into two categories: Obligatory mediation and optional mediation.
Obligatory mediation; under the scope of Turkish Law, mediation is obligatory before the litigation process apart from certain disputes arising from labor law and commercial litigations. In case of an action brought to a court before applying to obligatory mediation, this case will be dismissed due to lack of cause of action.
Optional mediation; settles all private law disputes, issues and cases over which the parties may have free disposition pursuant to the mediation law. As there is no time constraint for optional mediation application, this option may be used before or in the course of litigation. Mediation process is finalized upon making an official report regarding agreement or disagreement in both mandatory and optional mediation. In case a settlement is reached, the executory of the settlement protocol serves as a court decision on the condition that a finalization statement is obtained from the court.
Why Alternative Dispute Resolution?
Conciliation is defined in Article 35/A of the Attorney’s Act. Within the scope of the Attorney’s Act, an attorney is authorized to invite the other party for conciliation in a case assigned to him either before bringing an action or before the first hearing, in case the action is already brought. Under this regulation, if the other party accepts this invitation and a conciliation is reached following negotiations, this shall be documented in a protocol. This post-conciliation protocol serves as a court decision after it is signed by the parties and their attorneys. This alternative resolution method is popular as it is fast, economical and result-oriented.
The well-experienced litigation team of Bozoğlu İzgi analyses client problems and works out a road map that best suits the client’s interest and this way they guide the clients through complicated processes.