文章基本信息

标题：Mediation as an alternative remedy in Turkish legal system
本地全文：下载
作者：Ferhat Yıldırım
期刊名称：International Journal of Social Sciences and Education Research
电子版ISSN：2149-5939
出版年度：2016
卷号：2,3
页码：748-762
语种：
出版社：Mahmut Demir
摘要：Socialization and communication between humans also bring about certain problems. Situations such as conflicts of opinion and misunderstandings eventually result in disputes and conflicts in general. Even though what comes to mind at the first mention of a conflict in this framework is judicial remedy (by means of court action), certain alternative remedies other than this remedy exist at the present time. Indeed, Alternative Dispute Resolution (ADR), which first originated in the United States of America (USA) and then spread all around the world, is a product of thissearch. In this work, firstly the inception and development of the mediation process was briefly reviewed, followed by an examination of the legal studies in Turkey and what has been brought about by the Law on Mediation in Legal Disputes. While examining the stipulations of the law, Austria Federal Law on Mediation in Legal Disputes (ZivMediatG) was also addressed with a focus on its similar and different aspects compared to the Turkish Legal system. In conclusion, by taking into consideration the comparative legal practices, too, suggestions were offered for the system to spread and to obtain efficient outcomes.