Alternative Dispute Resolutions
("ADR") are alternative methods that; an
independent, objective and impartial third party provides the
parties of the legal dispute to reach an agreement about the
dispute by bringing them together and communicating with each
Dispute resolution in Turkey is a fundamental duty of State.
For any dispute arising from a legal relationship between the
concerned parties, application to the state courts is the initial
and essential judicial remedy.
ADR have come up as an option for providing cost and time
efficiency as compared to the judicial proceedings before state
courts and for averting the disadvantages of the latter. ADR are
optional dispute resolution proceedings and methods as compared to
proceedings before State Courts. ADR aims simpler and faster
resolution of the disputes without impairing the judicial
sovereignty of the state.
The main difference between proceedings before State Courts and
the ADR is that ADR as a rule is not binding for the parties so
concerned unless otherwise decided by the same.
The procedures in ADR are not limited in number and type; each
country may choose a method of ADR or create ADR method by taking
their social and economic circumstances and facts into
ADR are allowed in Turkish Legal System unless they do not
contradict with the Turkish Public Order.
Arbitration, Conciliation, Mediation, Mooting, Early Neutral
Evaluation (ENE), Fact Finding Method and Med- Arb are widely used
dispute resolution methods.
Arbitration, a widely used form of ADR, is a kind of dispute
resolution method that the disputes arising between the parties are
resolved by the arbitrators appointed by them instead of
state's legal bodies.
Mediation, a wide applicable form of ADR, is a method in which
the mediator provides better communication between the parties of
the dispute. The mediator does not guide or direct the parties, or
gives an advice or gives a binding decision like an arbitrator or a
judge. The mediator only contents with asking directive questions
to the parties' better communication with each other.
In case an agreement is not reached at the end of mediation
process, the information and documents obtained from the
deliberations cannot be used as evidence in a possible, future
Conciliation is a form of ADR in which an objective third party
provides different solution offers which will take form according
to the circumstances of the dispute and aims to provide the parties
to reach an agreement as per one of these offers after negotiations
In conciliation, the resolution of the dispute by the parties
themselves is the essential point.
In opposition to the mediation method, conciliation is based on
right and rightfulness and the history of the dispute is taken into
consideration. At the same time, conciliation method is less
flexible than mediation method and is mostly based on provisions of
Negotiation is a type of ADR which is generally referred to
initially in case of a dispute and it covers all methods of ADR.
This type of ADR aims for the parties to settle the dispute between
the same by negotiating and deliberating with each other with the
attendance of their attorneys if needed, without intervention of
any third party.
Negotiation is a kind of ADR method that each party tries to
obtain a benefit for themselves at the end of the process by
persuading the other party to act in the way the former
Early Neutral Evaluation (ENE):
Early Neutral Evaluation is a method which is mostly used in the
beginning of the dispute. In ENE, to enable the concerned parties
to render a decision regarding the procedure necessary for
resolution of the dispute via providing information by an
experienced and objective third party to the parties of the
Fact-finding is a research method that aims to determine and
clarify the dispute. Even if the dispute cannot be resolved with
this method, it has its own complementary role for the other
alternative dispute resolution methods such as arbitration,
When the parties have an uncompromising attitude, the
fact-finder becomes a part of the dispute and prepares a
comprehensive report indicating negative prospects of the dispute
for the parties. In this method, generally, as fact-finder, an
attorney, experienced in the legal field the dispute is related to,
Med-Arb method is a combination of mediation and arbitration
that aims to resolve the dispute via arbitration when the dispute
between the parties cannot be resolved via mediation. This method
is applied to when the rapid resolution of the dispute is
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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