Hukukun Piyasalaşma Uğrağı Olarak Alternatif Uyuşmazlık Çözüm Yöntemleri ve Arabulucululuk Kurumu

Abstract

Alternative dispute resolution and mediation has been on the agenda of the law and judiciary for the last twenty years in our country, and for sixty years in the world. It is expressed in the doctrine that the case procedure, which is the classical judicial system, is no longer the only way for dispute resolution in the globalizing world. According to dominant trend, problems such as the long duration of the lawsuits in the courts, the cost of the trial costs, the cumbersome way of the lawsuit are the problems that need to be solved radically. While the current problems are correct, the way they are handled and the prescriptions for them are quite parallel to the dynamics of the neoliberal transformation. In this direction, as a public service, dispute resolution is increasingly privatized and transferred to the markets. Judgement is now transforming into a commodity like most relations and objects in the capitalist mode of production. The achievement of justice for those who have money is getting easier through alternative dispute resolution and mediation.