It not evident yet whether the Mediation, which came into our life with the Mediation Law (Nr. 6325), is a social need or a legal requirement. The law defines the mediation as “only used for overcoming the conflicts in private law resulting from the operations and the transactions those the parties may freely dispose of, including the ones holding element of foreignness. Standing against novelties is almost a genetic feature of us. Almost nobody considers and mentions the opportunities provided by the Mediation. Before all we shall attest that Amicable Settlement, assumed with letters of goodwill during EU membership process, beyond being a necessity, are a need for our legal system. When the world economy is considered, the value that Turkish Republic produces is almost the 1% of World Economy. According to the data for the year 2021, this situation had been maintained. We may not be aware of, but this is a critical figure. The latest global developments address TURKISTAN as the new gravity-center of the global economy and politics. As this geographical region is analyzed, keeping in mind the effects of the Russian-Ukrainian conflict and drawing a hypothetical line starting from the North Pole, moving towards Bosporus, and ending at the Antarctic, it becomes evident that Turkey is the only country that may act as a bridge among the new Eastern and Western Blocks. Turkey already acts as a bridge when its new infrastructure works, energy transfer lines, railroad systems, interference to the Azerbaijan-Armenia conflict, and BRICA-The New Silk Way- are considered. Again, under the torch of such developments, the position of the Turkistan Region as the new economic and political balance point brings new opportunities to our country. Let’s dream; turn our back to the Obelisk in Istanbul and turn our face to Kaaba. When we open our arms we will hold three different regions. First is the Turkistan Region, the fatherland. Second is the Middle East, the prosperous crescent region of our religion. Finally the third, our political impact area Northern Africa. Considering that within the last two and a half centuries we are fragmented, we are marginalizing and labeling each other, we are using our energy to quarrel and the social-trust average is between 5 to 10 percent, Mediation would mend the broken relations, promote prudential cooperation, collect the parties of the dispute at the same table and make them negotiate, would contribute to the social peace, and this is a great opportunity for us. An opportunity to free us from ethnical, religious, ideological, and political conflicts which introvert the society and enslave the souls and the minds of the individuals; and to liberalize us. This is an opportunity to exclude ourselves from the cluster of the countries defined by Fukuyama; in words “the nations those do not have a social-trust may not attain economic and scientific development”. In countries like Turkey, which have limited production opportunities other than intermediate-products and which tries to develop on hot-money, the trust in the jurisdiction is a problem on its own. It is evident that the conventional dispute settlement methods may not overcome the foreign money issues against the fact that the monetary economics and trade operates on the basis of the principle that “least cost, least time, highest efficiency”. On the other hand, among other opportunities, we may mention the that public authority had actualized the MED-ARP project that clear the way to arbitration with the consent of the parties in case the commercial disputes may not be settled with Mediation, that Turkey is a party of the Singapore Convention which will take effect within a year, that, within the scope of the Singapore Convention, the international commerce conflicts may be settled by the Mediators those are registered in the Mediators Registry, without any need for acknowledgement or enforcement in the country of the tradesman as a result of mutuality of the settled agreement minutes. Accordingly, we shall consider whether we are ready to keep this institution, which is hold by the lawyers and which is the redline of Ministry of Justice.
 

Att. Dursun YASSIKAYA