Small and medium-sized
enterprises are the most important building blocks
of national economies all over the world. More than
99% of all enterprises in our country are small and
medium-sized enterprises (SMEs). SMEs make 70% of
total employment, half of investments and exports
with approximate figures. Therefore, a strong
economic structure can be achieved with strong SMEs.
(The Key to a Strong Economy -Assoc.Prof.Dr.Sinan
Esen-Utrader Board Member
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.
As a society, we started to feel the economic
impacts of the worldwide COVID 19 epidemic.
Currency fluctuations experienced in recent years
make the economic negativities experienced in the
past resurrect today.
As such, it is a complex process where nothing is
worth anything...
It is necessary to comprehend the changing world in
order to understand the today and build the
tomorrow..
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 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.
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…
We were caught flat-footed for technological and
digital transformation.
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.
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.
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. 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..
While we have been talking about the lack of system
for years, we now have to face the fact that change
and transformation is necessarily at the lack of our
system.
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..
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,,
Law No. 6325 on Mediation in Civil Disputes, which
brings the parties together in order to negotiate
with the free will of the parties in private law
disputes, by applying systematic techniques during
or before the lawsuit, and establishing a
communication process between them in order to
enable them to understand each other and thus
produce their own solutions, defined as a dispute
resolution method that is carried out voluntarily
and with the participation of an impartial and
independent third party who has received specialized
training.
This point of view exists in our historical culture,
geography, and values of belief. In short, “PEACE
PACT is a dispute resolution method that truly
eliminates the enmity between the parties, which
ensures peace between the parties and, accordingly,
re-establishes social peace.” (Peace Pact in Ottoman
Law-Esra Çetinkaya)
In the Qur'an, the Peace Pact is found on the 9th
verse of the Hujurat Surah, which orders peace
between the two communities in war, and the 1st
verse of the Anfal Surah, which orders the Muslims
to make peace among themselves, there is also the
Hujurat Surah, which states that making peace is a
means of Allah's mercy. The 10th verse that
continues and the 114th verse of the chapter of
Nisa, where it is stated that those who apply for
peace will be rewarded by Allah, are among the
verses that encourage peace. (Peace Pact in Ottoman
Law-Esra Çetinkaya)
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.
It is impossible to disagree with the statement of
Associate Professor Sinan Esen that "More than 99%
of all enterprises in our country are small and
medium-sized enterprises (SMEs)". So, in order to
manage the CONFLICT process that will emerge in the
aggravating economic conditions correctly and well,
and to achieve the desired profitability and
monetary results as soon as possible, we must gain
negotiation with the perspective of the Mediator and
bring it to our human resources and lawyers.
On Kriptokoin.com; Davit Hunter, chief macro
strategist at Contrarian Macro Advisors, shares an
apocalyptic prediction of a historic economic
collapse, noting that it will be different from what
the world has seen for 75 years. WE ARE FACED WITH
THE BIGGEST FINANCIAL CRISIS IN HISTORY..
Starting the negotiation.. 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...
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.
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.
We had the opportunity to implement the principle of
least cost, shortest time and highest efficiency in
commercial disputes.
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…
'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.