Whether mediation, which came into our lives with the Mediation Law No. 6325, is a social need or a legal obligation, has not yet been elucidated.
The law defines the institution of mediation as "only applicable to the resolution of private law disputes arising from business or transactions on which the parties can freely dispose, including those with a foreign element".
In our country, it is almost encoded in our genes to oppose everything that is new. Unfortunately, what kind of an opportunity is caught through mediation is an issue that is not emphasized much, and almost never even thought about.
It is necessary to discuss in the first place that the Friendly Solution Methods, which were committed with letters of intent in the EU membership process, are more than a necessity in our legal system.
When the world economy is examined, the value created by the economy of the Republic of Turkey is about 1% of the world economy. According to the 2021 data, this situation is preserved, although we do not realize it, it is a very serious amount.
Recent developments in the world show that the new political and economic center of gravity of the Global Economy is TURKISTAN. When the geography is examined and the effects of the current Russia-Ukraine tension is considered, it will be seen that Turkey is the only country that can connect both blocks in the new East-West Block structure of the world when an imaginary line is determined from the North Pole to the South Pole through the Straits starting from the North Pole. It should be considered that our country is a BRIDGE on this axis, within the framework of the infrastructure works carried out by our country, the BRICA-New Silk Road, the energy transmission lines passing through our country, the rail transportation systems under construction, Turkey's involvement in the Azerbaijan-Armenia conflicts, etc.
Again in the light of these developments, the new economic and power balance of the Turkistan Geography brings another opportunity for our country. If we were to dream, if we turned our backs to Istanbul Dikili Taş and our front to the Kaaba (Istanbul time zone), when we open our arms, we will encounter three different geographies.
Considering our past ties, we have three different areas of influence including our ancestral homeland the Geography of Turkistan, geography of faith Fertile Crescent (Middle East) and our political influence area Sub-Saharan Africa.
If we consider being fragmented among ourselves for the last two hundred and fifty years, that we have constantly fractionalized and labeled each other, and that we use our own energies to separate each other; the mediation institution, which restores relations, prioritizes future cooperation, where conflicting parties might negotiate around the same table, bring social peace and social trust that it is in the range of 5-10% in the world average, etc., is a great opportunity for us.
It is an opportunity to get rid of the negative effects of ethnic, sectarian, ideological and political conflicts captures us for each passing day, enslaves our soul and mind, rather than making us free individuals. This is such an opportunity that overrides Fukuyama's evaluation which pointing out "nations that cannot provide social trust cannot achieve economic and scientific development".
Trusting the judiciary is a problem in countries like us, where we try to provide limited production opportunities other than intermediate products with hot money flow in order to promote economic development. The fact that the Monetary Economy trade works on the basis of the least cost, the shortest time and the highest efficiency, it is a case that traditional dispute resolution methods cannot solve the problems of foreign currency. On the other hand, the public authority's implementation of the MED-ARP project, which paves the way for the parties to go to mediation in commercial disputes cannot be resolved by this process, our country's becoming a party to the Singapore Convention and its entry into force within the year, the mediation of commercial disputes with foreign elements within the framework of the Singapore Convention is a great opportunity. Another opportunity is that the agreement executed and agreed by the mediators registered might be executed without the need for recognition and enforcement in the country of the trader who is a party to the dispute, in accordance with the principle of reciprocity.
If so, are we ready to ensure that the distinguished institution, which is in the hands of lawyers and which is the red line of our Ministry of Justice, gets lost.

'Mr. Dursun YASSIKAYA,