resolution of commercial disputes by Mediation as an alternative Method: a legal analysis for turkey and uzbekistan
Mediation is an institution that has been in demand in all modern legal systems for the last twenty years as a fast, reliable and inexpensive alternative method in the resolution of commercial law disputes. Turkey and Uzbekistan are in a conti nuous effort to ensure compliance with comparative la...
Main Authors: | , |
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Format: | Article |
Language: | deu |
Published: |
Kozminski University
2024-12-01
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Series: | Krytyka Prawa |
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Online Access: | https://journals.kozminski.edu.pl/pub/7311 |
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author | Mustafa Yasan Jaloliddin Askarov Tuychiyevich |
author_facet | Mustafa Yasan Jaloliddin Askarov Tuychiyevich |
author_sort | Mustafa Yasan |
collection | DOAJ |
description | Mediation is an institution that has been in demand in all modern legal systems
for the last twenty years as a fast, reliable and inexpensive alternative method in
the resolution of commercial law disputes. Turkey and Uzbekistan are in a conti
nuous effort to ensure compliance with comparative law systems which are adopted
by the EU and international legislation in the modern sense, including mediation.
In Turkey’s case, specialization and institutionalization targets were envisaged
regarding mediation. Codification frameworks devoid of systematic planning were
carried out in order to achieve these targets. Contrary to the concept of mediation,
the areas where mandatory mediation applies have been expanded. On the other
hand, for Uzbekistan’s case, which accepted mediation six years after Turkey, in
2018, and did not adopt mandatory mediation, Turkey’s disappointing mediation
experience can be regarded as a lesson. This experience is valid not only for Uzbe
kistan but also for all legal systems that include mediation. |
first_indexed | 2024-03-07T19:02:24Z |
format | Article |
id | doaj.art-6becaf177cf1459098a26b39c74bee8c |
institution | Directory Open Access Journal |
issn | 2080-1084 2450-7938 |
language | deu |
last_indexed | 2024-03-07T19:02:24Z |
publishDate | 2024-12-01 |
publisher | Kozminski University |
record_format | Article |
series | Krytyka Prawa |
spelling | doaj.art-6becaf177cf1459098a26b39c74bee8c2024-03-01T11:20:13ZdeuKozminski UniversityKrytyka Prawa2080-10842450-79382024-12-0115423123210.7206/kp.2080-1084.648resolution of commercial disputes by Mediation as an alternative Method: a legal analysis for turkey and uzbekistanMustafa Yasan0https://orcid.org/0000-0003-0741-9720Jaloliddin Askarov Tuychiyevich1https://orcid.org/0000-0003-1923-6331Tashkent State University of LawTashkent State University of LawMediation is an institution that has been in demand in all modern legal systems for the last twenty years as a fast, reliable and inexpensive alternative method in the resolution of commercial law disputes. Turkey and Uzbekistan are in a conti nuous effort to ensure compliance with comparative law systems which are adopted by the EU and international legislation in the modern sense, including mediation. In Turkey’s case, specialization and institutionalization targets were envisaged regarding mediation. Codification frameworks devoid of systematic planning were carried out in order to achieve these targets. Contrary to the concept of mediation, the areas where mandatory mediation applies have been expanded. On the other hand, for Uzbekistan’s case, which accepted mediation six years after Turkey, in 2018, and did not adopt mandatory mediation, Turkey’s disappointing mediation experience can be regarded as a lesson. This experience is valid not only for Uzbe kistan but also for all legal systems that include mediation.https://journals.kozminski.edu.pl/pub/7311turkish mediation lawuzbek mediation lawmandatory mediationalternative dispute resolutionmediation in commercial disputes |
spellingShingle | Mustafa Yasan Jaloliddin Askarov Tuychiyevich resolution of commercial disputes by Mediation as an alternative Method: a legal analysis for turkey and uzbekistan Krytyka Prawa turkish mediation law uzbek mediation law mandatory mediation alternative dispute resolution mediation in commercial disputes |
title | resolution of commercial disputes by Mediation as an alternative Method: a legal analysis for turkey and uzbekistan |
title_full | resolution of commercial disputes by Mediation as an alternative Method: a legal analysis for turkey and uzbekistan |
title_fullStr | resolution of commercial disputes by Mediation as an alternative Method: a legal analysis for turkey and uzbekistan |
title_full_unstemmed | resolution of commercial disputes by Mediation as an alternative Method: a legal analysis for turkey and uzbekistan |
title_short | resolution of commercial disputes by Mediation as an alternative Method: a legal analysis for turkey and uzbekistan |
title_sort | resolution of commercial disputes by mediation as an alternative method a legal analysis for turkey and uzbekistan |
topic | turkish mediation law uzbek mediation law mandatory mediation alternative dispute resolution mediation in commercial disputes |
url | https://journals.kozminski.edu.pl/pub/7311 |
work_keys_str_mv | AT mustafayasan resolutionofcommercialdisputesbymediationasanalternativemethodalegalanalysisforturkeyanduzbekistan AT jaloliddinaskarovtuychiyevich resolutionofcommercialdisputesbymediationasanalternativemethodalegalanalysisforturkeyanduzbekistan |