27.02.2019 Ankara
Mediation in Commercial Disputes Symposium was held at the TOBB Twin Towers Conference Hall in Ankara, co-organized the Union of Chambers and Commodity Exchanges of Turkey (TOBB) and the Ministry of Justice. TOBB President M. Rifat Hisarcıklıoğlu emphasized that they have begun opening Arbitration and Mediation Centers at Chambers in 81 provinces and said, “Without any prejudice, I would like to express that the requirement of mediators to be lawyers should be abolished in regards to commercial disputes. In a dispute where both parties are traders, traders, industrialists and professionals who are experts in fields such as economy and finance should also be able to mediate. Thus, our chambers and exchanges will be able to play a more active role in commercial mediation.”
Hisarcıklıoğlu said that after the successful implementation of the new
mediation system, a mechanism could be designed in which the disputes which
could not be solved were referred to arbitration instead of being referred to
the first instance courts.
The TOBB President stated that 70% of parties reached agreement via the
mandatory mediation implemented for labor disputes. Hisarcıklıoğlu stating that
the introduction of methods to reduce the workload of the judiciary, such as
arbitration and mediation have begun in Turkey through the work and support of
the Ministry of Justice, stressed that these would enable the timely and
accurate manifestation of justice which has been highly demaded by the business
community for years.
Hisarcıklıoğlu emphasized that they are exerting efforts to spread mediation
system, made compulsory in commercial disputes, throughout the country and in
the business world. Hisarcıklıoğlu said, “Mediation is a win-win method; it
also contributes to social peace. Trade secrets may inadvertently emerge in the
hearings, but the information remains confidential in the mediation system.”
- Call to employers use this method
Hisarcıklıoğlu stated that they advise all employers to use these
methods and stressed that a dispute wherein both parties are traders can be
solved via a system established under TOBB together with the chambers and
exchanges.
Making suggestions for a healthier functioning of the system,
Hisarcıklıoğlu said:
“In order to enable this method to be used more effectively, the
condition of being a lawyer should be abolished in commercial disputes. In a
dispute where both parties are traders, traders, industrialists and
professionals who are experts in fields such as economy and finance should also
be able to mediate. In our tradition of Akhism, disputes are solved by the Akhis.”
- “If justice is strong, the
economy is strong”
Pointing out that, with the establishment of the Istanbul Arbitration
Center, the city can become the arbitration center of the whole region,
Hisarcıklıoğlu stated that they will form a “Mediation Center” as a part of
TOBB Economy and Technology University and are prepared to establish more
comprehensive infrastructures for the development of alternative dispute
resolution methods in commercial disputes in the near future.
Stating that a healthier legal system is also important for the economy,
Hisarcıklıoğlu said, “If there is a pervasive sense of justice and confidence,
the economy of the country is also strong. As the Turkish private sector, we
always have, and will continue to support every regulation which would render
the judiciary system stronger while increasing its capacity and effectiveness.”
- Justice Minister Abdulhamit Gül
In his speech, Justice Minister Abdulhamit Gül said, “Mediation means
less costs. Mediation is a peaceful solution. Mediation is the establishment of
justice in the shortest possible time. Such alternative methods which improve
the problem solving capacity of society are increasingly gaining interest.”
Stating that mediation is a resolution method to disputes, preventing
exacerbation of the situation, Gül reported that the implementation of the
mediation practice passed regarding disputes between employer and employee also
covers commercial disputes as of January 1st.
Contrary to the classic case of one side winning and the other side losing,
Gül said that mediation is a system in which both parties win. Gül said, Mediation
means less costs. Mediation is a peaceful solution. Mediation is the establishment
of justice in the shortest possible time. Such alternative methods which
improve the problem solving capacity of society are increasingly gaining
interest.
Stating that all of the contemporary legal systems are carefully
focusing on alternative dispute resolution, Gül said:
“Do not be fooled by the word, ‘alternative.’ There is no alternative to
justice, even if it is called an alternative, all these methods are complementary
methods to existing institutional mechanisms. Courts are always crucial in the
resolution of disputes. It is always the courts which will have the final word
on such matters. The classical court cases and methods of seeking rights are
necessary but not always sufficient. In an age where conflicts are diversified
and increased numerically depending on social and economic developments, it is
of great importance to diversify solutions and to multiply and expand paths to
justice. It is much greater, much more valuable endeavor to lighten the
workload of courts by resolving disputes without ever needing to bring them to
court.”
- “We prefer to facilitate matters.”
Stating that, due to their cultural background as a society, they find
it important to resolve disputes amicably, Gül said, “This approach is more
meaningful for the business world which is practical, fast and solution-oriented.
Economy does not tolerate uncertainty. We do not have the luxury of
exacerbating disputes and leaving them without resolution for any length of
time. Legal uncertainty gives rise to economic uncertainty. The stronger the
law is in a country, the stronger the economy. Law and economy are very
valuable elements that complement and support each other. Law as assurance is
only meaningful in this context.”