THE MEDIATION AS AN ALTERNATIVE DISPUTE RESOLUTION METHOD IN DISPUTES ARISING FROM GOODS TRANSPORTATION BY SEA

Abstract

Alternative methods to litigation in dispute resolution have emerged due to difficulties in determining the applicable law, and complex, lengthy, and costly judicial procedures in commercial disputes arising from maritime transport. Arbitration proceedings in maritime disputes, which emerged as an alternative to state jurisdiction, have begun to lose their old charm by the reason of the increase in arbitrator fees. Maritime associations suggest that the mediation method which is easier, faster, cheaper, and voluntary be tried first; if this method does not yield results, arbitration is to be tried. In Turkey, the vast majority of commercial disputes arising from maritime transport fall within the scope of mediation as a cause of action. In this case, the party who wants to file a lawsuit is necessarily directed to the mediation process. In the study, mediation as a cause of action has been evaluated specifically for such disputes. In addition, attention is drawn to the need for a dispute resolution center for the resolution of maritime disputes for Turkey