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Resolution of Commercial Disputes by Mediation as an Alternative Method: A Legal Analysis for Turkey and Uzbekistan  
Yazarlar
Mustafa Yasan
Tashkent State University of Law, Uzbekistan
Jaloliddin Askarov Tuychiyevich
Tashkent State University of Law, Uzbekistan
Özet
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 continuous 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 Uzbekistan but also for all legal systems that include mediation.
Anahtar Kelimeler
alternative dispute resolution | mandatory mediation | mediation in commercial disputes | Turkish mediation law | Uzbek mediation law
Makale Türü Özgün Makale
Makale Alt Türü SCOPUS dergilerinde yayımlanan tam makale
Dergi Adı Krytyka Prawa
Dergi ISSN 2080-1084
Makale Dili İngilizce
Basım Tarihi 01-2023
Cilt No 15
Sayı 4
Sayfalar 213 / 232
Doi Numarası 10.7206/kp.2080-1084.648