Hakan Ali TURGUT(1)
Mediation as an increasingly preferred conflict resolution method of nowadays can best be defined as an alternative dispute resolution method in which parties resolve their own disputes- provided that subject of dispute is allowed (by legal system) to be decided by their free wills- with the assistance of an impartial and expert third party rather than through adjudication.
As an alternative dispute resolution method, it has countless advantages compared to classic adjudicative solutions; in fact, difference between these two is so huge that mediation is simply referred as ‘Win-Win’ solution, while the later is mostly seen equivalent to ‘Loose-loose’. Looking through macro-perspective, it is conspicious that resolution of disputes by mediation which ends the conflict peacefully makes significant amount of contribution to social peace. Thus, it does significantly help states maintain and restore peace and social order both in national and international level.
First and foremost benefit of mediation is that, contrary to adjudicative methods, mediation entitles parties to completely control the whole resolution process from the very beginning of the conflict till the peacefull settlement. Parties can choose the best suited mediator for their disputes who has a professional knowledge and special experience on the very same dispute. Additionally, settling the disputes through mediation in a time & cost efficient manner also renders mediation a significant advantage over adjudication by courts through which it takes longer time and higher expenses to solve the disputes. Mediation can turn a trade relation- crises into a trade business opportunity by the help of an expert mediator who will dedicate his proficieny to find the best suited creative solution by which disputed parties wil leave the table contended.
Another leading superiority of mediation as an alternative conflict resolution method over adjudicative methods lies in providing the parties with the opportunity of protecting their reputution and confidentiality. This aspect of mediation makes it the best alternative resolution method for the disputed parties which hold some concerns over confidentiality issues in case their conflict go public. In particular, parties of the disputes that contain state-secrets naturally have confidentiality concerns and inevitably try to keep the information regarding the dispute secret: In relation to that, defense industry corporates are (and should be) highly sensitive in choosing the best alternative dispute resolution method that will help them solve their disputes in a confidential manner.
As the nature of warfare has been dramatically changing for the last decade, the function of defense industry corporates is becoming more and more vital for the states’ security and national defense. It is obvious that technological infrastructure and technical & engineering information can not easily be seperated from the State-secret concept particularly within the projects of weapon systyems led by defense industry corporations. Corporate officials who manage these kind of multi-national or national projects that contain state secret has to act in a responsible manner for the best of national interest. Beyond the fulfiillment of this ordinary citizenship duty, it is also a legal obligation to comply with the Article 326 and fallowing articles of the Turkish Penal Code which urge state secrets to be kept confidential.
Defense industry corporates that have to deal with disputes which contain higly confidential information that can be classified as state secret are to solve these disputes in a confidential manner. Accordingly, it is within best of national interest to prevent these kinds of conflicts from going public. Defense industry corporate officials should always bear in mind that solving these kinds of disputes in a confidential manner through mediation is the best alternative to adjudication.
(1) High Court (Retired) Justice ; Lawyer & Mediator – Founder partner of Gordion Mediation and Arbitration Center.