Union of Chambers and Commodity Exchanges of Turkey

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 1^st.

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.”