The Prıncıple of Confidentiality In Mediation and the Role of Confideniıality In Commercıal Mediation

The Prıncıple of Confidentiality In Mediation and the Role of Confideniıality In Commercıal Mediation

Mediation alternative dispute resolution method, which is con-sidered as one of the ADR (Alternative Dispute Resolution)methods primarily in foreign countries and in Turkey alongwith the adoption of the LMCD (Law on Mediation in CivilDisputes), has begun to be implemented, and it still rapidly con-tinues to improve. In this method, parties want to settle theirdisputes with the resolutions they created on a voluntary basiswith the participation of a registered mediator. The most impor-tant principle of commercial mediation is the principle of confi-dentiality because the parties do not want their trade secrets tobecoming public, and lose out their advantages at the end of thisprocess due to the explicitly confessed interests. Accordingly, it isrequired to comprehend the concept of trade secret and specializein the commercial mediation field.

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  • Ministry of Justice, Directorate General for Legal Affairs, The letter numbered 98192251.04.1-206/7285, and dated 22/07/2013 http://www.adb.adalet.gov.tr/Duyurular/2013/temmuz/noter_arabuluculuk_faaliyeti. html, (Access Date: 10.11.2017).
Afro Eurasian Studies-Cover
  • ISSN: 2147-110X
  • Yayın Aralığı: Yıllık
  • Başlangıç: 2012
  • Yayıncı: Musiad (Independent Industrialists and Businessmen's Association)