Alternative Dispute Resolution (ADR) methods in Turkey

Mediation: A neutral third party, called a mediator, helps the parties to reach a mutually acceptable resolution.

Conciliation: Similar to mediation, but the conciliator may make suggestions for resolving the dispute.

Arbitration: An independent third party, called an arbitrator, makes a binding decision to resolve the dispute.

Expert determination: A neutral expert is appointed to make a binding decision on a specific issue in dispute.

Mini-trial: A simplified version of a trial, where a panel of experts hears evidence and makes a non-binding recommendation for resolving the dispute.

Negotiation: The parties directly negotiate and try to reach a resolution without the involvement of a third party.

In Turkey, mediation is regulated by the Mediation Law No. 6325, which was enacted in 2012. The law is based on the principle of voluntariness and allows the parties to choose the mediator and to decide whether to participate in the mediation process.

Arbitration is regulated by the International Arbitration Law No. 4686, which was enacted in 2001, and it is based on the UNCITRAL Model Law.

It is worth noting that Turkish court system is generally considered slow and overburdened, therefore, the use of ADR methods can be a more efficient and cost-effective way to resolve disputes in Turkey.

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