Master'sOpen Access

Mediation as a case of case in the context of commercial disputes

2021
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Advisor: Dr. Öğr. Üyesi Şirin Güven

Abstract (EN)

Mediation takes place with the participation of an impartial and independent third person who has specialized training. Mediation is a voluntary disputere solution method. Mediation is a non-judicial solutionm echanism, a voluntary method that brings the parties together to talk and negotiate, facilitates communication between the parties in order to ensure that they understand each other and thus produce their own solutions. It is carried out with the participation of a third party who is completely independent, impartial and objective. In addition, mediation is an alternative solution method shaped by the will of the parties. Mediation is an optional process. With amendments made, mediation entered into force as a condition of lawsuit, which we call compulsory mediation, in areas such as some trade and business disputes and consumer disputes. Article 20 of the Law No. 7155 on the Procedure for the Initiation of Proceedings for Money Receivables Arisingfrom Subscription Agreements and Article 5/A added to the Turkish Commercial Code from commercial lawsuits before filing a claim for claims and compensation for thepayment of a certainamount of money is regulated as a condition of lawsuit. Accordingly, not every commercial dispute is subject to mediation. First of all, for a commercial dispute to be subject to mediation, that disputemust be suitable for mediation. In addition, the subject of the dispute must be claims for compensation and receivables, where some amount of money is paid. Keywords: Mediator, mediation, commercial litigation, commercial dispute, litigation condition mediation, litigation condition mediation in commercial disputes

Author

Ezgi Cesur Güney

How to Cite

Ezgi Cesur Güney (Master Thesis). Mediation as a case of case in the context of commercial disputes, 2021, Çankaya University.

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