You can access the special issue via the link https://journal.ihu.edu.tr.
The Ministry of Justice, General Directorate of Legal Affairs, Mediation Directorate, Ibn Haldun University Dispute Resolution Application and Research Center (UCAM) and the Faculty of Law of Ibn Haldun University, held on May 24-25, 2024, have been published as a special issue in the 10th volume of the Ibn Haldun Studies Journal.
Articles in this Special Issue
Comparison of Dispute Resolution through Conciliation and Mediation from the Perspective of International Law
Sezercan Bektaş
This article examines and compares the mechanisms of conciliation and mediation as peaceful dispute resolution methods under public international law. It analyzes their differences and features, particularly in the context of the UNCITRAL Model Law on Commercial Conciliation and the Optional Conciliation Rules of the Permanent Court of Arbitration.
An Alternative on University Campuses Mediation as a Dispute Resolution Method
Yeliz Bozkurt Gümrükçüoğlu
This article explores the causes, stakeholders, and resolution strategies of conflicts on university campuses, with a particular focus on the mediation method. It discusses the applicability of campus mediation by drawing on international practices and analyzes the potential benefits and challenges for implementation in Turkey. The study offers recommendations to support the creation of a more peaceful university environment.
Enhancing the Organizational Ecosystem through Workplace Mediation
Ömer Faruk Kafalı
This article analyzes the roots of workplace conflicts and highlights their negative impact on the organizational ecosystem. It explores how workplace mediation can serve as an effective conflict resolution tool before resorting to legal proceedings, emphasizing its potential to foster trust, increase productivity, and promote a positive institutional culture.
This article examines the validity of mediation agreement documents in terms of will disorders and the legal capacity of the parties involved. It emphasizes that fundamental principles of mediation—such as voluntariness, impartiality, confidentiality, equality, and party autonomy—play a crucial role in evaluating annulment requests.
Evaluation of the Sanctions for not Attending the First Meeting in the Mediation Process within the Framework of the Decisions of the Turkish Constitutional Court
Gülnihal Ahter Yakacak
This article examines the sanctions imposed on parties who fail to attend the first mandatory mediation session without a valid excuse, within the framework of the Turkish Constitutional Court's decisions from 2018 and 2024. The author analyzes the compatibility of these sanctions with the principles of proportionality, focusing on the right to seek justice and property rights. The study concludes by emphasizing the necessity of legal regulations that do not hinder access to justice.
This article proposes solutions for cases in mediation where parties come close to an agreement but fail to reach a final settlement. The author discusses the concept of “Limited Arbitral Authority” to make the transition to arbitration more predictable by preserving the parties’ progress during mediation. The role of the mediator as an escrow agent in the delivery of movable property is also examined as a way to facilitate settlements.
A New Perspective on Negotiation: Situational Negotiation
Hülya Demir Yaleze
This article proposes "Situational Negotiation" as a new approach to negotiation processes. The author critiques traditional models such as "Principled Negotiation" and "Tactical Empathy," emphasizing the importance of culture and context.
Family Mediation
Nihal Coşkun
This article examines family mediation as a peaceful dispute resolution method within the framework of comparative legal systems. It compares legal regulations on family mediation across European, Anglo-Saxon, and Asian systems, with a focus on sensitive issues such as custody, child support, and parental plans. The current state and applicability of family mediation in Turkish law are analyzed in light of recent discussions and suggested legal reforms.
