Resolution of Commercial Disputes by Mediation as an Alternative Method: A Legal Analysis for Turkey and Uzbekistan

Abstract

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 conti-nuous 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 Uzbe-kistan but also for all legal systems that include mediation.