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Promoting ADR mechanisms in Turkey

The main objective of the Capacity Building Program “Promoting ADR mechanisms in Turkey” is to offer support to the work of the Commission in developing an effective ADR regime in Turkey. The program is based on successful deliveries since FY04 where the overall goal was to provide technical assistance and facilitate the sharing of experiences in areas such as ethical standards, case management and other procedural reforms; European Union accession; access to justice, appointment, promotion, discipline and removal of judges; and especially on ADR mechanisms for the direct benefit of the Commission that is reforming the Civil Procedure Code.

 

Following the basic premise that a well functioning legal and judicial system is crucial to development, the overall objective of the legal and judicial reform program is to contribute to a more impartial, independent, and effective judiciary that is able to control corruption and improve governance. Courts in Turkey, as in many other countries, face heavy workload and lack of expertise for resolving civil and commercial matters, and these problems result in long delays with no effective and enforceable decisions. Given that Turkey’s current development agenda is driven by the EU accession objective and an expanding international trade profile, justice represents a leading issue and within that, mediation is an important feature.

 

The success or failure of a nation to adopt mediation depends on many factors, but some key features often revolve around a blend of statutory recognition and mediator regulation, mediator training, mediator quality, judicial acceptance, lawyer acceptance and client usage (which can be acquired gradually through an aggressive awareness raising campaign.) Therefore, the activity focused on ADR mechanisms to be implemented is a way to improve justice delivery and to strengthen access to justice in Turkey.

The participants are members of the Commission drafting new Code of Civil Procedure and the new Mediation Law, other members of the Ministry of Justice, members of the Bar, private sector, and future Mediators and Arbitration Association.

 




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Workshop