Union of Chambers and Commodity Exchanges of Turkey

The International Mediation Symposium began in İstanbul with the attendances of many guests including TOBB President M. Rifat Hisarcıklıoğlu, Court of Cassation First Chair İsmail Rüştü Cirit, Vice Minister of Justice Bülent Uçar and Turkey Bar Union Chair Prof. Dr. Metin Feyzioğlu.

Speaking at the opening of the International Mediation Symposium, TOBB President M. Rifat Hisarcıklıoğlu stated that mediation system would lighten the court system’s workload.

Hisarcıklıoğlu said, “This will enable the solution to tens of thousands of cases through the work of mediators. If no solution is forthcoming, then the process will move on to courts. In Britain, 98% of disputes are resolved through alternative solution methods. Only 2% of cases go to court. A judicial process of at least a year is solved in just a month. We must develop and propagate it. Then TOBB can tell all employers to utilize the mediation system to attain results in a shorter period of time. To this end, we’ve began opening Arbitration and Mediation Centers at our Chambers and Exchanges.”

- Law increases trust; trust increases investments

Stating that the legal system is the foundation of not just the state, but also the economy, TOBB President Hisarcıklıoğlu said, “Because the rule of law means trust. If there is trust, the real sector can make projections and plan for the future; making it easier to produce.” Reporting that over 15 million people are active in the private sector, Hisarcıklıoğlu pointed out that this adds up to approximately 60 million people with their families included. Hisarcıklıoğlu went on: “If we want our people, our children, to have employment, we must strengthen the private sector. We must provide better business and investment environment. The presence of a just and active legal system is important to this end. That is why EU norms are important and necessary. If there is a well-functioning legal system, it will engender trust in the public. Increased trust in people and institutions will enable the just and proper functioning of the economy. In a country which lacks trust, growth cannot be maintained no matter what you do. Law is a necessity just as much as bread and water. Law is bread.”

- Mediation should be mandatory

Stating that perspective is a greater problem than law or legality, Hisarcıklıoğlu said that in the case of disputes in business, going to court should not be the first course of action and went on:

“By making mediation system mandatory, a solution to the dispute should be sought. A new mechanism that can work prior to taking the case to court is necessary. That is the point where mediation holds the most importance. We are among the last countries in the world to make use of this system. The roots of mediation can be linked to Akhism culture of ancient Anatolia. Mediation system entered our legal system 3 years ago. The matter has gained importance again as the government has included it in its 6 month action plan.”

Court of Cassation First Chair İsmail Rüştü Cirit stated that the Court of Cassation is inundated with a heavy workload, “It is difficult to claim that a legal system is in a healthy state of function when there are a million cases are presented to the Court of Cassation each year and increasing the number of personnel or courts is not a valid solution.”

Cirit stated that important roles fall to everyone in ensuring that modern conditions in regards to such universal values democracy, human rights, the rule of law and separation of power and it is fundamental that the problems of the legal system are addressed to this end.

Turkey Bar Union Chair Prof. Dr. Metin Feyzioğlu said, “We have the power to promote mediation everywhere in Turkey. We have the power to convince our citizens that mediation is a right and peaceful method of resolving disputes. We are determined to support the mediation system. However it is of the utmost importance that we be able to stand up to claims that law is being privatized.”

Vice Minister of Justice Bülent Uçar reported that resolution of cases in mediation is 95%, “The number of disputes solved since January 2013 to the April 16^th of 2016 is 2,904, 71% of which were mediated.”