Mediation in commercial dispute resolution (An asessment with the comparison of English system and European Union Law)

Since conflict is an intrinsic characteristic of the human species in every society, irrespective of geographic, ethnic and religious origin; human race has repeatedly demonstrated breathtaking incompetence in resolving it?s conflicts from the ancient times. Also conflict and it?s resolution has been subject to different disciplines such as psycology and sociology besides law. Thus, our concern is that the best approach to conflict resolution can be captured by using this perspective.Facilitated negotiations and/or mediation and arbitration have been used during the course of history by different communities so alternative dispute resolution concept is not a fresh issue but a natural part of human nature and life.We have tried to give a scheduled explaination with this study of the history of dispute resolution and mediation, regarding legal arrangements and tools in England and European Union and consequently, developments in Turkish Legal System by adding a comparison.Our concern is that the mediation is one of the most useful tools for resolving commercial disputes by reason of their specific needs and priorities such as time, money, effectiveness, speed and innovation. It?s great improvement in U.S.A. and England on commercial disputes highly supports our concerns. Mediation provides parties to involve the dispute resolution process directly from beginning to the end, to maintain an expert asisstance, to act voluntary about to start or terminate the process and to define the legal effect of the result they reached. Besides, mediation is a very flexible tool to combine any other alternative procedures available.Consequently, Turkey needs to build and function this highly useful and successful system both for to maintain the better access to justice and for to stay up-to-date in the meaning of global legal developments.Key Words: Commercial, Law, Dispute, Mediation, Alternative Dispute Resolution.