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...

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Main Authors: Mustafa Yasan, Jaloliddin Askarov Tuychiyevich
Format: Article
Language:deu
Published: Kozminski University 2024-12-01
Series:Krytyka Prawa
Subjects:
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.
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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