Union of Chambers and Commodity Exchanges of Turkey

Reminding that the slow functioning of the judicial system is always the subject of complaints due to excessive case load, Hisarcıklıoğlu said, “The average case lasts 2 years in first-degree court. Then it continues in second-degree court for another two years. At this point, alternative solutions have to come into play. In fact, we as a nation are no strangers to this issue. Centuries ago, our ancestors began to practice it. In Akhism, which formed the basis of our Chamber-Exchange Community, would solve trade disputes with the Houthis. Then we forgot about it, Europe took it from us and improved it.”

After TOBB and Chambers took ownership of this business, mediation was made mandatory first in labor-employer disputes, then in commercial cases, and finally in consumer cases, Hisarcıklıoğlu said. More than 2.2 million files have arrived here. And 70% of them ended up with a deal. The trials, which used to last for years, ended in days and weeks. In other words, access to justice has accelerated.”

Emphasizing that this is also a win-win method, TOBB President said, “Because people have been spared the loss of time and the long process that has worn them out financially, and our judicial system has been spared an important workload. Thus, the grievances decreased and the sense of justice was strengthened. Therefore, mediation also contributed to social peace.”

Hisarcıklıoğlu said that instead of going to court, the parties that could not agree as a result of mediation were referred to the TOBB Arbitration Court with the possibility of Med-Arb.

Hisarcıklıoğlu explained that thanks to arbitration, a faster and cheaper trial has been reached. “‎As the Chamber-Exchange community, we provide all kinds of support to the resolution of disputes. ‎We make great efforts to expand in the business world. We encouraged our chambers to set up centers like this. So far, these centers have come to life in 30 chambers and work continues in 17 rooms. In our Gaziantep Chamber of Commerce, the Arbitration and Mediation Center was opened. Within TOBB, we have launched the UYUM Mediation and Dispute Resolution Center. Again, we organize many trainings on mediation within our center. This center is chaired by Mr. Cemil Çiçek, our former Minister of Justice and Speaker of the Parliament. 370 mediators are working in our centers in TOBB and Chambers.”

Hisarcıklıoğlu invited other mediators to take part in their centers and said: “With all this, we aimed to be recognized and known by the community and especially in the private sector. There are now between 5,000 and 7,000 applications a week. So the knowledge about this issue increased in society and people began to see the benefits of it. For example, there was a 28-year inheritance case in Seydişehir involving 28 different people. It was resolved in four hours in mediation. In commercial life, time is the most important capital. Any arrangement that will facilitate our trade, strengthen our economy and judicial system, and contribute to our social peace is important and valuable to us. With Gaziantep mediation center, our business people from Antep will have solved their disputes both faster and cheaper.”

Hisarcıklıoğlu said that the legal system is the pillar of the state and the economy, and that if the law is strong, people's trust in each other, institutions and the system will increase.

Emphasizing that the economy of the country, which has a strong sense of justice and trust, is also strong, Hisarcıklıoğlu said, “In our culture and faith, the place of law is very important. We are a nation that believes that justice is at the heart of property. That's why we need to keep the balance of justice. Like mediation, we should benefit more from modern systems.”