06.10.2021 Gaziantep
The Union of Chambers and Commodity Exchanges of Turkey (TOBB) President M. Rifat Hisarcıklıoğlu who attended the Symposium on Mediation in Legal Disputes organized by Gaziantep Young Businessmen's Association (GAGİAD) as an honorary guest, said that the use of the mediation system is increasing day by day, the number of files exceeds 2.2 million and 70% of them result in an agreement.
Reminding that the slow
functioning of the judicial system is always the subject of complaints due to
excessive case load, Hisarcıklıoğlu said, “The average case lasts 2 years in
first-degree court. Then it continues in second-degree court for another two
years. At this point, alternative solutions have to come into play. In fact, we
as a nation are no strangers to this issue. Centuries ago, our ancestors began
to practice it. In Akhism, which formed the basis of our Chamber-Exchange
Community, would solve trade disputes with the Houthis. Then we forgot about
it, Europe took it from us and improved it.”
After TOBB and Chambers
took ownership of this business, mediation was made mandatory first in
labor-employer disputes, then in commercial cases, and finally in consumer
cases, Hisarcıklıoğlu said. More than 2.2 million files have arrived here. And
70% of them ended up with a deal. The trials, which used to last for years,
ended in days and weeks. In other words, access to justice has accelerated.”
Emphasizing that this
is also a win-win method, TOBB President said, “Because people have been spared
the loss of time and the long process that has worn them out financially, and
our judicial system has been spared an important workload. Thus, the grievances
decreased and the sense of justice was strengthened. Therefore, mediation also
contributed to social peace.”
Hisarcıklıoğlu said
that instead of going to court, the parties that could not agree as a result of
mediation were referred to the TOBB Arbitration Court with the possibility of
Med-Arb.
Hisarcıklıoğlu explained
that thanks to arbitration, a faster and cheaper trial has been reached. “As
the Chamber-Exchange community, we provide all kinds of support to the
resolution of disputes. We make great efforts to expand in the business world.
We encouraged our chambers to set up centers like this. So far, these centers
have come to life in 30 chambers and work continues in 17 rooms. In our
Gaziantep Chamber of Commerce, the Arbitration and Mediation Center was opened.
Within TOBB, we have launched the UYUM Mediation and Dispute Resolution Center.
Again, we organize many trainings on mediation within our center. This center
is chaired by Mr. Cemil Çiçek, our former Minister of Justice and Speaker of
the Parliament. 370 mediators are working in our centers in TOBB and Chambers.”
Hisarcıklıoğlu invited
other mediators to take part in their centers and said: “With all this, we
aimed to be recognized and known by the community and especially in the private
sector. There are now between 5,000 and 7,000 applications a week. So the
knowledge about this issue increased in society and people began to see the
benefits of it. For example, there was a 28-year inheritance case in Seydişehir
involving 28 different people. It was resolved in four hours in mediation. In
commercial life, time is the most important capital. Any arrangement that will
facilitate our trade, strengthen our economy and judicial system, and
contribute to our social peace is important and valuable to us. With Gaziantep
mediation center, our business people from Antep will have solved their
disputes both faster and cheaper.”
Hisarcıklıoğlu said
that the legal system is the pillar of the state and the economy, and that if
the law is strong, people's trust in each other, institutions and the system
will increase.
Emphasizing that the
economy of the country, which has a strong sense of justice and trust, is also
strong, Hisarcıklıoğlu said, “In our culture and faith, the place of law is
very important. We are a nation that believes that justice is at the heart of property.
That's why we need to keep the balance of justice. Like mediation, we should
benefit more from modern systems.”