The Med-Arb (Mediation-arbitration) model in the context of alternative dispute resolution (ADR)
2025
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Advisor: Dr. Öğr. Üyesi İsmet Mazlum
Abstract (EN)
The increasing search for alternatives to traditional litigation in resolving commercial and legal disputes in Türkiye has brought the Med-Arb model -where mediation and arbitration are applied together- into focus. Also known as "Mediation–Arbitration," this method provides that parties first seek an amicable settlement through mediation; if this fails, the dispute proceeds to arbitration for a binding decision. With its flexible structure and multi-stage resolution mechanism, Med-Arb stands out for offering significant time and cost advantages, particularly in commercial disputes. This study first examines the concept of alternative dispute resolution methods within their legal foundations and historical development, and comparatively analyzes mediation and arbitration under both national and international regulations and practical examples. It then explores the structure, operational mechanism, and effects of the Med-Arb model on party autonomy, along with its regulation in different legal systems. The research also discusses the relevant provisions and practices of various institutional actors -especially the Istanbul Arbitration Centre (ISTAC)- to identify potential areas of application in Türkiye and to address possible legal and practical challenges from both legislative and procedural perspectives. Current legislation, judicial decisions, and institutional regulations were reviewed, and the findings were supported with proposals for a more effective and secure application of Med-Arb in Türkiye. The study concludes that Med-Arb is an applicable and promising model for commercial dispute resolution in Türkiye, combining the flexibility of mediation with the binding nature of arbitration. Keywords: Mediation, Arbitration, Med-Arb, Hybrid Dispute Resolution.
Author
Güneş Göksu
Institution
How to Cite
Güneş Göksu (Master Thesis). The Med-Arb (Mediation-arbitration) model in the context of alternative dispute resolution (ADR), 2025, Çankaya University.
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