As Atty. Arb. Billur Güler Aslım Law Firm, we believe in the importance of mediation in resolving commercial disputes in Antalya. With our long years of experience, we have achieved successful results in many commercial cases through mediation. In this article, we aim to help you better understand the benefits and functioning of mediation by sharing some commercial dispute examples that we have resolved through mediation in Antalya, in accordance with the principles of confidentiality and in general terms.
The Place of Mediation in Commercial Life
In business life, disagreements between business partners are inevitable. Contract breaches, payment delays, intellectual property rights violations, partnership disputes and many other issues can lead to commercial disputes. Court processes can be long, costly and exhausting for the parties. At this point, mediation offers a quick, effective and more cost-effective solution. Mediation is an alternative dispute resolution method that enables the parties to reach a mutually acceptable solution under the guidance of a neutral third party (mediator).
Examples of Commercial Disputes Resolved by Mediation in Antalya
Below you can find some generalized examples in accordance with the privacy principles:
Example 1: Breach of Construction Contract
In a dispute between a construction company and a contractor, the contractor did not fulfill the conditions in the construction contract, delayed the delivery date of the work and requested additional costs. During the mediation process, the parties mutually agreed, evaluated the reasons for the delay and reached a compromise by determining the amount of compensation. The trouble and cost of going to court was avoided and a sustainable solution was produced without completely severing the business relationship.
Example 2: Supply Contract Dispute
A dispute between a textile company and a fabric supplier regarding the quality of the delivered fabrics was resolved through mediation. The mediator listened to the statements of the parties, received technical expert opinions, and by reaching a mutual understanding and compromise between the parties, an agreement was reached to replace the defective fabrics and compensate for the damage caused. In this way, the commercial relationship between the two companies was preserved.
Example 3: Partnership Dispute
In a partnership firm, there was a disagreement between the partners regarding the management of the firm and the distribution of profits. During the mediation process, the parties exchanged views on the future of the firm and how to restructure the partnership agreement. As a result, a compromise was reached and the partnership continued by changing the partners' share ratios and making adjustments to the management structure of the firm.
Example 4: Intellectual Property Rights Violation
A dispute arose between a software company and a customer regarding the rights to use software. During the mediation process, the parties discussed the interpretation of the license agreement and the limits of the rights to use. As a result, a clear agreement was reached regarding the rights to use the software, thus preventing a possible lawsuit.
Advantages of Mediation
As can be seen from the examples above, mediation offers many advantages:
* Fast solution: Results are achieved much faster than court processes.
* Cost-effectiveness: Saves on court costs and attorney fees.
* Confidentiality: Disputes are not made public.
* Flexibility: Provides a flexible solution according to the needs of the parties.
* Protecting the relationship: Prevents or improves the deterioration of the relationship between the parties.
Conclusion
Mediation is becoming an increasingly preferred method for resolving commercial disputes in Antalya. As Atty. Arb. Billur Güler Aslım Law Firm, we contribute to the rapid, effective and cost-effective resolution of disputes by producing solutions that are appropriate for the needs of the parties with our experienced mediators. If you are experiencing a commercial dispute, we are here to determine the most appropriate solution strategies for you and to support you during the mediation process. Please do not hesitate to contact us.