As Arslan Law Firm, we use alternative dispute resolution methods if its in favor of our clients and if there is a situation that can be resolved in a shorter time. We have stated that which cases we are dealing with under our other headings . In addition, we would like to state that we carefully attend all our proceedings and follow the interim decisions of the courts. In order not to damage the rights of our client we apply interim injunction or precautionary attachment. When these are necessary, they’re immediately requested from the Courts and put into practice.
Under this headline we are mentioning about the alternative dispute resolution methods. The closest dispute resolution to litigation is arbitration. Except the disputes arising from real rights on immovable property or transactions that are not depend on the will of both parties, arbitration method can be chosen. In arbitration, a judgment is made on the basis as in the court. One of the most important difference that separates this way from the litigation is the parties of trial become part of a short trial process. The arbitration proceedings must be completed within 1 year from the date the report was issued.
The parties must first enter into an arbitration agreement for arbitration. This contract can be made separately or can be a condition of the contract between parties. Generally, in practice, we see that the other party filed a lawsuit even though there is an arbitration agreement between the parties. In this situations the preliminary objection of arbitration can be brought forward to the case and denial of case can be provided. We would also like to state that the parties may decide to apply to arbitration during the trial. At this stage, the file is sent to the arbitration board by the Court.
Action to set aside can be filed against the decision made in arbitration trial. However, we would like to state that the reasons for annulment are included into numerus clausus, and no judgement can made on the merits in the annulment case. In annulment action no judgment can made on the basis. In other words, if there is no reasons for annulment, the decision of the arbitrators basically binds the parties.
In addition, we would like to mention the insurance arbitration commission, which is a branch of arbitration. Especially in traffic accidents, the preferred way to quickly terminate the proceedings is the insurance arbitration commission. As Arslan Law Firm, we apply to insurance arbitration where our clients can obtain their rights faster in insurance disputes.
Mediation, another alternative solution, is a dispute resolution method that has been implemented in our law in recent years and has received a lot of results. The mediator is a lawyer who passed the mediation exams. In mediation, by going to the place which determined by the mediator (usually the mediator’s office), it is ensured that the parties come together and try to find a middle way. Mediation is a non-judicial branch where the parties’ own will is be in the forefront. Mediation is divided into optional and compulsory. If the parties wish, they can go to the mediator voluntarily. However, with the latest laws, mediation is mandatory in labor, commercial and consumer disputes. In the situations which requires this litigation clause, if an application for mediation is not made, the case will be rejected because of lack of litigation clause. As Arslan Law Firm, we have made many mediation agreements, especially in disputes arising from labor law. Mediation is a situation in favor of both the employee and the employer. Therefore, we recommend that all our clients benefit from mediation at the beginning of the road.
Another alternative dispute resolution method is conciliation. This is a method which applied in criminal law. If there is a situation in which an indictment should be filed against the person, the Prosecutor firstly invites the parties to conciliation. If the aggrieved party accepts the mediation, no indictment will prepared and no public action will brought against the perpetrator. Mediatory is done by those who pass the mediation exam successfully. Conciliation can only made for the crimes listed in article 253 of the Criminal Procedure Code.