A process where nothing worth a
thing…
You have the latest model car at the door, you
cannot get in.
You cannot leave your luxury home.
You have a boat in the marina, you cannot sail to
the blue.
The workplaces in luxury plazas and your fancy
clothes no longer matter.
I wonder if Ýsmet Özel was able to foresee these
days when he said, “My brothers, the winter is
coming”?
Argumentative.
All of a sudden, we found ourselves in a world of
unknown, unnatural organisms produced by the human
mind, l
iving things with synthetic DNA,
artificial organs,
thinking and even self-learning, fighting robots,
artificial intelligence…
While the process supported how we work instead of
where we work, how we use the information instead of
what we know and the fact that we know everything,
we have suddenly evolved into the NEW NORMS era,
where it is talked about how we benefit from the
knowledge and skills of others.
We need to understand the changing world in order to
understand Mediation, which we define under the
title of from Discussion to Negotiation.
As you know, the change starts with changing the way
you think.. This change has to be in the first place
and also in the casuistic point of view.. “Today's
world has left behind the days when the law directs
technology, and has already sailed into the new era
in which technology directs and guides the law..
As long as we do not change our thinking ability,
perception and decision reasons, it takes time for
us to accept innovations and keep up with change.
If we want to reach this new wealth, it is necessary
to change our way of thinking, which is dominated by
stereotypical annd taught habits. The business world
has already closed the era of learning and working
with certain patterns, that is, the Industrial era.
The game is on very differently in the world of
small and medium-sized businesses which are tiny,
fast, take immediate decisions and take action.
If we cannot change the way we think as a society,
the CONFLICT will deepen as a result of
incompatibility with the rules of the NEW WORLD OF
NORMS.
We were caught flat-footed.
If we continue to behave like this, it seems
difficult for us to succeed.
In order to identify the problem and produce a
solution, we need to analyze the causes correctly.
We have been marginalized with the concepts of
“This”, “That”, “It”; "These", "Those", "They" since
1936.
We were castrated among ourselves; we were
shattered.
WE COULD NOT BE "US"..
While this is the result, it will be nothing but a
waste of time to discuss who did it with what
motive.
We did not see, and did not want to see that the
language of THE OTHER, which was played and
fictionalized on our “ethnic” and “sectarian”
richness, carried the social separation to this day
from centuries ago, and that this language kept the
separation alive and turned it into a FIGHT.
Our political foresight exploited our sincere
feelings.
We didn't even notice.
The conflict destroyed our social trust. HOPE left
our historical, cultural and religious geography
along with our country.
For the last 40 years, the CONFLICT has deepened as
the language OTHER has been continuously used
mercilessly.
As a result it brought POLITICAL AND ECONOMIC
FAILURE..
Our young people at the age of secondary education
want to leave our country.
Fukuyama made the determination that nations that
cannot gain social trust "cannot achieve economic
and scientific success", for our country which is at
the last place of the world trust survey..
A concept was introduced at the "Education Berlin"
meeting held on 05/07- December 2018-2019.
CONNECTIVITY..
At the meeting, it was emphasized that “EVERYTHING
THAT EXISTS ON EARTH NEEDS EACH OTHER...
We could not build social trust. Therefore, we do
not see our differences as richness. The biggest
obstacle in front of this is our exposure to
outdated psychological movements and asymmetric
warfare methods that have lost their function. While
we have been talking about the lack of a system for
years, we now have to face the fact that change and
transformation take place first and foremost in our
political system.
Otherwise it will be too late..
Yusuf Has Hacip has foreseen this day centuries ago
with the determination of "The nature of the world
has changed, people's hearts and tongues do not
match" in Kutadgu Bilig. Now we have the chance to
match our hearts and our tongues to each other..
It is known that the concepts and paradigms that
exist in the world have been drained out. Here we
have a historical opportunity served on a silver
platter to build our own NEW WORLD, to create our
own concepts and paradigms and to achieve CHANGE and
TRANSFORMATION..
As you appreciate, I would like to reiterate, for
the purpose of emphasizing, that change and
transformation first start with thought.
You may call what I said a dream.. We now have a
point of view served on a silver platter in order to
understand, explain and BUILD FUTURES in the new
era… Mediation Perspective,,
The point of view of mediation, which has evolved
from position to benefit and to move forward
together, a new understanding that will get people
out of an environment that is kneaded with dirty
information and that leads people to a dead end, and
even a perspective that can prevent data poisoning
in the digital era,
It is necessary to gain the ability to NEGOTIATE,
which is interest-oriented, the area of application
for the perspective, and the parties gain together.
Starting the negotiation is the beginning of showing
our goodwill.. Maybe it's a test of our sincerity...
Halil Cibran says, "Sincerity makes those who do it
honorable".
The struggle of our valued Lawyer-Mediator
colleagues, who believe in this work as well as the
highest and lowest relevant officials of the
Legislator and the political authority, with the
WIN-WIN principle has placed our country in a
successful position in the field of mediation
today...
However, we see the understanding of Turkish Type of
progress here as well.
“The caravan gets better on the way”…
We urgently need to abandon this perception,
understanding and behavior.
The process should not be wasted on bureaucratic
I-know mentality, political ambition, and
materialist thinking.
We must create the PHILOSOPHY OF MEDIATION, which
has not been built up to now. We must be able to
explain that mediation is not an institution
measured by the number of files in the courts and
creates a one-sided benefit for the employer, it is
an essential need for SOCIAL PEACE, SOCIAL TRUST,
and a LEGAL INSTITUTION that addresses it.
A MEDIATION INSTITUTE should be established urgently
under TOBB, which is a wealth of our country, where
our Ministry of Justice carries out the uniformity
of applying its academic dimension with the
cooperation of the University, with the mediators in
the field, and the legislation is regulated by our
Ministry of Justice.
The transfer of the knowledge of our Ministry to the
field regarding the successful practices on a world
scale should be ensured to be completed and put into
practice as soon as possible,
Without forgetting our lawyer colleagues who believe
in mediation, the place of Mediation Centers in
adequacy requirements, independent audit procedures
and legislation should be defined urgently, by
protecting individual Mediation.
If we can achieve this, our Nation and State, which
is AN EXPECTED, can regenerate the hope that has
left our geography by growing the Pine Tree that
grows in the Shadow of the Centennial Sycamore Tree,
as Ali Fuat Baþgil said, in our historical, cultural
and faith geography, which has been a hope and light
for humanity for centuries. We can tell that hope
does not leave the expected..
Now, we have to change our way of thinking, not with
our own political-geographical borders, but with our
historical responsibility.
“WE SHOULD BE READY TO NEGOTIATE EVERYTHING OTHER
THAN THE LOVER’S CHEEK (honor, homeland, flag), AND
WE MUST HAVE THE ABILITY TO NEGOTIATE.”
The World Trade Organization's determination that
the world's new center of gravity as of 2020 is the
KHAZAR REGION, and the recommendation to the member
countries to create Negotiation expertise in
businesses brought along another opportunity.
It is an opportunity to implement the principle of
least cost, shortest time and highest efficiency in
commercial disputes,
The fact that 50 of the world's largest 250 Turkish
Contracting companies are the success of our
country's people obliges us to have a fast and agile
perspective on doing business together.
While it is predicted that the post-epidemic
production of developed countries, especially the
USA, which produces 85% of the 100 units produced in
the world, will decrease by 35%, we need Mediation
more than ever in order to overcome the problems to
be experienced in our economy, which produces 1.5%
unit production in the world economy.
Let's not forget.. In the Silicon Valley of the USA,
there is a motto; "TIME IS THE DEVIL, SPEED IS GOD".
"Do not complain,
make a story
You shine a little light...
Let it illuminate a person's world,
Lightning flashes in your mind,
Let it fly with love and enthusiasm”
(Yeni Þafak Newspaper Writer-Yusuf Kaplan)
Let's write a story together that we will be a part
of the solution...
'Mr. Dursun YASSIKAYA,
Address: Fatih Sultan Mahallesi, Dumlupinar Bulvari, 2700. Street, ARP tower Number: 3/30 (Floor: 15), 06790, Etimesgut/ANKARA/TURKEY
Telephone: +90 312 430 71 71
Fax: +90 312 430 60 70
Email: info@yassikayahukuk.com
© 2022 YASSIKAYA Law Firm.