Over the last decade the approach taken by commercial parties towards dispute resolution has changed. While traditional forms of dispute resolution (i.e. litigation and arbitration) remain widespreed, commercial parties are increasingly looking to alternative forms of dispute resolution to find methods which better suit their commercial needs and deliver efficient and effective results. Mediation often provides the answer.

Mediation allows the parties to keep control of a dispute and to aim at a commercial solution rather than legal remedies. It can turn a dispute from a business threat into a business opportunity. Therefore, mediation is a first option – arbitration and litigation are alternatives.

The Just & Fair Mediation Centre specialises in the resolution of commercial disputes and deadlocked negotiations, from small claims to disputes valued in the billions. Clients can choose from a wide range of trained and certifies mediators experienced in commercial conflict management and dispute resolution.

Turkey introduced new legislation which came into effect on 1 January 2019 providing for mandatory mediation as a prerequisite for commercial disputes before pursuing the dispute via the Turkish court system. Parties to a commercial dispute pertaining to monetary receivables cannot bring their case before a court unless the mandatory mediation process is completed and a final minute is issued by the mediator putting forth the parties’ failure to settle the dispute. The parties must firstly apply for mediation; otherwise, the case will be dismissed on procedural grounds without further examination of its merits.