A CRITICAL APPROACH TO MANDATORY MEDIATION IN COMMERCIAL LAW

A CRITICAL APPROACH TO MANDATORY MEDIATION IN COMMERCIAL LAW

The implementation of mediation, which is an alternative dispute resolution method, started in 2013 on the basis of the principle of voluntariness. The Law No. 6325 on Mediation in Legal Disputes clearly stipulates the totally voluntary nature of mediation by stating that "Parties are free to a...

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Bibliographic Details
Published in:Godišnjak pravnog fakulteta u Sarajevu Vol. 62; p. 665
Main Author: Kaya, Arslan
Format: Journal Article
Language:English
Published: Sarajevo University of Sarajevo 01-01-2019
Subjects:
Attorneys
Commercial law
Disputes
Labor law
Mediation
Mediators
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Summary:The implementation of mediation, which is an alternative dispute resolution method, started in 2013 on the basis of the principle of voluntariness. The Law No. 6325 on Mediation in Legal Disputes clearly stipulates the totally voluntary nature of mediation by stating that "Parties are free to apply to a mediator and to resume, conclude or withdraw from the process". The parties can save time and expense if the dispute is resolved with the support of a mediator in an environment where the parties can express themselves under equal circumstances. Indeed, many countries throughout the world apply the mediation in their law system. However, voluntary mediation constitutes the basis of this application. Nevertheless, in Turkey, the mediation process becomes mandatory for some of the disputes that arise from commercial and labor law.
ISSN:0581-7471