Özel Hukukta Uyuşmazlık Çözümünün Dönüşümü

Abstract

This study examines the political and economic background of mediation and arbitration, which are alternative dispute resolution methods developed as new dispute resolution methods in private law. The development of mediation and arbitration practices in Turkey and the world, the regulations made, the way they are integrated into the legal system, practice and legislation are discussed within the framework of the historical period. Mediation has a higher capacity to adapt to the current social situation, and a legal technology that includes the strengths of contract and judgment has been created with the agreement document. Internal arbitration has created a jurisdiction outside the judicial system under the understanding of governance. The international commercial arbitration system has created a new non-judicial area above national jurisdictions. All of these have emerged as a result of similar processes in many countries.