Dispute Resolution and Litigation

dispute resolution service

Dispute resolution service requires an innovative and comprehensive strategy for each case. Overall, there are a wide variety of methods for conflict resolution at the domestic or international level. Dispute resolution service lawyers have a substantial impact upon concluding disputes between parties. Dispute resolution service lawyers have been at the center of providing best results for their clients. It has been already established that dispute resolution service is very essential to provide a chance of success.

What are the 4 types of dispute resolution service in Turkey?  

It is significant at the outset that there are four main accepted forms of conflict resolution: negotiation, mediation, arbitration and litigation.

Firstly, negotiation brings partners together with a view to solving the relevant dispute on their own.

Second popular dispute resolution tool is mediation. Indeed, mediation requires the existence of a neutral third-party assuming responsibility to help disputants for a consensus. It is noteworthy to stress here that Turkey adopted the Law (No:7282) approving the ratification of the Singapore Convention on Mediation, published in the Official Gazette on 11 March 2021.Our article on A Brief Analysis of the Singapore Convention highlights the implementation of international mechanisms dedicated to mediation.

4 types of dispute resolution
4 types of dispute resolution

Thirdly, natural or legal persons are also free to choose the best dispute settlement process by selecting arbitration process.

Last but not least, litigation may be used to finalize any conflict complained of by the judicial authorities.

It is useful to understand that judicial review will cover a full-fledged examination when a dispute resolution service is needed for enforcement of foreign arbitral awards. As underlined in our article on 2024 Case Analysis of Enforcement of Foreign Arbitral Awards in Turkey,  the judgment by Istanbul Appellate Court 14th Chamber on 17 September 2020 [E. 2018/2196, K.2020/917], the below-mentioned criteria must be controlled by a judicial review for enforcement of foreign arbitral awards in Turkey:

  •  The fact that the arbitration rules are applicable to any dispute between parties must be accepted in accordance with the contract between parties,
  •  The final award must be given by the arbitrator after review and fair trial within the framework of the representation of all parties,
  • The dispute must be suitable for arbitration in terms of Turkish law,
  • The evaluation of these defense claims was included in the final award,
  • The addressee company was present at every stage of the proceedings at the Arbitration Center,
  • The defense arguments must be taken properly during the arbitration proceedings,

What is the meaning of dispute resolution service in Turkey?

It is not hard to maintain that the most commonly used method for dispute settlement is litigation in Turkey. Huge backlog before court rooms has already establishes this argument. Increasing number for civil and administrative litigation has been a matter of concern over the years in Turkey. Dispute resolution through arbitration agreements and|or dispute resolution arbitration is newly improving in Turkey. There is much work needs to be done for alternative dispute resolution methods. Building dispute resolution owing to the alternative ways such as consumer dispute resolution may be found very workable and reasonable solution to all parties of a dispute.

With regard to a comprehensive analysis of implementation of foreign arbitral awards see our article on Enforcement of Foreign Arbitral Awards

What is the most common dispute resolution?

Litigation has still been considered as the most workable solution in Turkey. Therefore, there is an increasing workload before civil and administrative courts in Turkey. It seems clear that dispute resolution service needs to more concentrate on other methods for faster solutions.

What is the importance of dispute resolution service for administrative cases?

All administrative acts and actions are bound by the law. This principle is reiterated in Article 2 of the Turkish Constitution guaranteeing the rule of law. Administrative disputes are settled by administrative courts in Turkey, as examined in our article on Administrative Cases in Turkey

What is the significance of dispute resolution service for criminal cases?

It is beyond doubt that criminal cases in Turkey requires a full-fledged dispute resolution service by criminal defense lawyers at the time of any criminal investigation or prosecution.

What is the concept of the enforcement and bankruptcy Law in Turkey in terms of dispute resolution service? 

Generally speaking, fundamental purpose of the enforcement and bankruptcy regulatory framework is to settle disputes between the creditors and debtors concerned. Enforcement and Bankruptcy Law in Turkey regulates detailed procedures for insolvency, bankruptcy and enforcement. What is more, the Law in question stipulates the bankruptcy liquidation steps for insolvent debtors.

What is the importance of dispute resolution service for divorce proceedings?

Divorce proceedings for foreigners in Turkey is categorized in two main types: consensual divorce through negotiation and contested divorce through litigation. It should be remembered that the first legal instrument to be applied in divorce proceedings for foreigners is the Act on Private International and Procedural Law (Numbered 5718). According to Article 14, the grounds and provisions for divorce and separation shall be governed by the common national law of the spouses.

What is the role of Pi Legal Consultancy for dispute resolution service?

Every dispute resolution service needs a careful process for an end-to-end analysis of the current situation and chance of success. Our Dispute Resolution Service Working Group offers legal guidance for all the aforementioned dispute settlement methods as a dispute resolution. Thanks to qualified English speaking lawyers, Pi Legal Consultancy offers Istanbul dispute resolution and Ankara dispute resolution services to foreigners for their negotiations and|or trial processes.  Pi Legal Consultancy represents one of the top international law firms in Ankara by presenting a convincing legal argument with a view to increasing the chance of success for each case.  Our dispute resolution attorneys in Ankara and litigation lawyers in İstanbul are specialized in settling the relevant dispute on behalf of our clients.

dispute resolution service
dispute resolution service

Our Relevant Articles

All our articles and papers on emerging legal challenges for dispute resolution consultancy together with their fully fledged solutions are available online here: