17.12.2015 Ankara
The Alternative Conflict Resolution Methods Symposium Final Declaration was announced by TOBB President M. Rifat Hisarcıklıoğlu during the symposium in Antalya taking place between the 14th and 17th of October, 2015, which aims to lower the workload of the judicial system through the efforts of the Court of Appeal, Council of State, Ministry of Justice and the Union of Chambers and Commodity Exchanges of Turkey.
TOBB President Hisarcıklıoğlu stated that alternative conflict resolution
methods are crucial for the modern judicial system, emphasizing that this will
lower the workload of the system.
Hisarcıklıoğlu reported that solutions for present problems in this
field have been discussed throughout the event split between 3 sessions and 14
separate workgroups which include members of the high judicial officials,
judges, public prosecutors, Ministry of Justice bureaucrats, academics, public
servants and the representatives of civil society organizations.
In summary, the final declaration emphasizes the need to raise awareness
for mediation and to spread its use as well as requiring the party unwilling to
attend arbitration to take on the legal costs of court proceedings. It is
necessary to establish and actively use Arbitration Centers in courthouses.
It should be mandatory up to a predetermined financial level to first
resort to mediation and arbitration in commercial cases. It should also be
reiterated that only law graduates should be able to become mediators.
Additional legislative measures were also suggested, including cases with the
public administration as a party.
It is suggested that mediation be mandatory in employment disaccord and
reinstatement cases, with high level executives being able to make arbitration
agreements in all instances of business disaccord.
The final declaration also touches on many other matters such as the
effects of alternative conflict resolution methods’ effects in regards to
social security and the changes necessary in the legislative framework in
addition to small debts, penal law, domestic law, consumer law, internal taxes
and public servants, zoning, expropriation, conflict in regards to entailed
land as well as conflict stemming from the sanctions of high councils.