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Alternative Dispute Resolution (ADR)

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ALTERNATIVE DISPUTE RESOLUTION (ADR)

In modern times, alternative dispute resolution methods have gained prominence due to the lengthy court proceedings, lack of expert review of cases, and rigidity of procedural rules. Unlike court trials, these methods allow all parties to leave the table with a sense of satisfaction in various respects.

Mediation
Mediation is a voluntary dispute resolution method involving a neutral and independent third party who facilitates communication between the parties to help them understand each other and reach a mutually agreeable solution. By applying systematic techniques, the mediator brings the parties together for discussions and negotiations. If the parties cannot generate a solution, the mediator may also propose a resolution.

Arbitration
Arbitration refers to the resolution of disputes between parties by arbitrators or an arbitration panel chosen by the parties, instead of courts, provided the subject matter is eligible for arbitration under the law. Arbitration offers a final and binding resolution to disputes.

Today, mediation and arbitration are rapidly emerging as prominent alternative dispute resolution methods, especially in resolving disputes in the business world. These methods progress faster than court proceedings and offer flexibility, confidentiality, and solutions tailored to the parties’ needs.

Mediation focuses on achieving mutual satisfaction by adhering to the parties’ preferences, while arbitration provides effective solutions in a short period through experts in the relevant field. The international recognition and applicability of both methods are of great importance in the context of global commercial relations.

Additionally, a new hybrid dispute resolution method known as Mediation-Arbitration (Med-Arb) has emerged. This approach first seeks to resolve disputes through mediation, and if unresolved, the process transitions to arbitration. By combining the benefits of both methods, Med-Arb provides a comprehensive and efficient resolution framework.

Our founding attorney, Melis Erdinç, offers extensive support in both mediation and arbitration processes. She effectively manages these processes by providing solutions tailored to her clients’ needs, ensuring successful outcomes in mediation and/or arbitration proceedings.

LOCATION

Erdinç Law
Suadiye Mah. Bağdat Cad.
No:399 / B Blok K:1 D:1
Kadıköy/İSTANBUL
Telephone: +90 212 444 34 80

SOME CASES WHERE MEDIATION AND ARBITRATION CAN BE APPLIED ARE LISTED BELOW:

Disputes between employees and employers involving claims for wages or compensation

Inheritance disputes arising from issues such as property division, inheritance partnerships, fraudulent transfer of assets by the deceased, and reserved portions

Family law disputes arising from issues such as alimony, property regimes, etc.

Disputes based on the violation of intellectual property rights, including claims for compensation and damages

Disputes arising from real estate transactions, including disputes over sale prices, deposits, penalty clauses, positive and negative damages, etc.

Disputes concerning the establishment or removal of usufruct rights, habitation rights, surface rights, preemption rights, and mortgage rights

Disputes arising from lease agreements, including claims for rent, deposits, penalty clauses, connection fees, advance payments, positive and negative damages, incidental damages, etc.

Disputes arising from promises of sale agreements

Disputes arising from construction contracts, including those based on land-for-construction agreements or other construction-related contracts

Disputes arising from real estate transactions such as timeshare, vacation property, etc.

Other disputes subject to mediation and arbitration