Union of Chambers and Commodity Exchanges of Turkey

OSBÜK and TOBBUYUM signed cooperation protocol for mediation


29.04.2021 / 



The Parent Organization of Organized Industrial Zones (OSBÜK) and the Union of Chambers and Commodity Exchanges of Turkey Mediation and Dispute Resolution Center (TOBBUYUM) signed a cooperation protocol for the adoption, dissemination, promotion and formalization of well-intentioned cooperation in the areas of mediation.​

TOBBUYUM Chairman Cemil Çiçek, TOBBUYUM General Manager Dr. Onur Yüksel and OSBÜK Chairman Memiş Kütükcü attended the signing ceremony held via video conference.

Addressing the importance of mediation, TOBBUYUM Chairman Çiçek said: “There are several problems that I have faced for 4.5 years during my time as Ministry of Justice. One of these is still going on. This is a complaint not only for us, but also for all developed countries. Trials are taking too long. There are cases that last from father to son to grandson for 30 or 40 years. Commercial cases are your business. Because both sides of commercial cases belong to the 'Chambers Association'. One of the decisions in business cases is most likely members of this community. These cases can last three to five years. This is harming the citizens. The term ‘court’ doesn't evoke very positive things. For this reason, developed countries, especially the 47 member states of the Council of Europe, have been working since the 2000s when I became Minister of Justice. The lengthy process of litigation is a common denominator. It's a problem for the English, the French or the German. What can be done? That's the alternative dispute resolution. Apart from the judiciary, it is not pleasant to have your firm's name read by a bailiff in the corridors of the court. This will cause the company to lose its reputation. In court, cases last and are costly compared to mediation, and ultimately the court's decision sometimes does not satisfy either party, sometimes both. Therefore, a dissatisfaction occurs in court decisions. Here are the 47 member states of the Council of Europe that have uncovered this mediation sector.”

Çiçek stated that Turkey's step in mediation is the right thing to do within the framework of harmonization with the European Union. TOBB has the greatest share in the participation of such an institution in our business life, legal life and state life. This issue is an important service for the business world. TOBB provides this as a service to its members.”

- OSBÜK President Memiş Kütükcü

Regarding the protocol under which OIZs will benefit more effectively from mediation services, OSBÜK President Memiş Kütükcü explained the services to be provided to OIZs. “Our industrialists in our organized industrial zones will resolve the conflicts they face in faster, sustainable and economic ways without entering into protracted litigation processes. Now our OIZs and 64,000 businesses in our OIZs will be able to benefit more effectively from mediation services. I would like to thank our TOBB President Rifat Hisarcıklıoğlu and TOBBUYUM President Cemil Çiçek.”

OSBÜK President Memis Kütükcü emphasized that mediation is not actually far from the Turkish business world, saying: "In the Akhism system, the Akhis would resolve trade disputes. The disputes which emerged within the trades were resolved by mutual agreement within the Akhi organization, and the court was very, very rarely consulted. That's why it's no stranger to us. However, of course, there may be some disagreements in today's commercial life, where competition is getting more intense every day. The purpose of the mediation, in which we will sign the protocol with TOBBUYUM, is to produce a solution in such disputes without taking the matter to the judiciary, both to relieve the burden of the judiciary and to get the parties to move quickly. In this method of resolution, as in judicial and arbitration, there are no winners or losers. It's a win-win model. TOBBUYUM Mediation and Dispute Resolution Center, established with the initiatives of our Union of Chambers and Commodity Exchanges of Turkey, also makes critical contributions to the resolution of these trade disputes and the development of the ‘win-win’ approach.”

Stating that OIZs will benefit from mediation services much more effectively with the signed protocol, President Kütükcü concluded by saying that with the protocol, TOBBUYUM Mediation and Dispute Resolution Center will contribute to OIZs and enterprises in many different topics such as Compulsory Mediation and Discretionary Mediation Service, as well as education and certification service. Our OIZs will first apply to OSBÜK when they encounter a dispute that will be the subject of mediation. OSBÜK will examine this issue and then forward it to TOBBUYUM Mediation and Dispute Resolution Center. Thus, our industrialists in our organized industrial zones will resolve the conflicts they face in faster, sustainable and economical ways without going through protracted litigation processes.”

After the speeches, OSBÜK President Memis Kütükcü and TOBBUYUM President Cemil Çiçek signed the cooperation protocol. Also at the meeting, TOBBUYUM General Manager Dr. Onur Yüksel made a presentation on TOBBUYUM and TOBBUYUM-OSBÜK cooperation.

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