Master'sOpen Access

Compulsory mediation for commercial disputes

2019
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Advisor: Prof. Dr. Ömer Özkan

Abstract (EN)

Disputes have increased and solution for them has turned into a complex structure as interaction and communication rapidly have increased. Increasing disputes have increased the work load of courts, and thus judicial remedy has become insufficient for the solution of disputes, and this fact directed people to seek for other methods of solution. People have adopted the solution of disputes through wise, trustworthy, objective and impartial third parties, but this situation has not been institutionalized. Finally, now alternative dispute solution methods that are as old as the history of humanity began to institutionalize. Mediation was promulgated as an "alternative method of solution" for the first time in our legal system by the Law No. 6325 on Mediation in Legal Disputes. Then, this institution was transferred into practice "mandatory" in the field of labour law by the Law of Labour Courts number 7036, which was accepted on 12.10.2017 and entered in force on 25.10.2017. As a result, in accordance with Article 20 of Money Receivables From The Subscription Agreement Law On The Process Of The Follow-Up Process number 7155, and Article 5/A, which was added to Turkish Trade Law number 6102, it became compulsory on "commercial disputes", which is the subject of our study, on 01.01.2019. Explanations were discussed about the institution of mediation that became compulsory for commercial disputes in our study.

Author

Dr. Tuba Eler

How to Cite

Tuba Eler (Master Thesis). Compulsory mediation for commercial disputes, 2019, Hasan Kalyoncu University.

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