Alternate Dispute Resolution Law at Northern Cyprus

In Northern Cyprus, Alternative Dispute Resolution (ADR) mechanisms such as arbitration and mediation play a significant role in resolving civil and commercial disputes. These methods are governed by the Arbitration and Conciliation Act (A.C.A.), which provides a legal framework for ADR processes.

Arbitration Under the A.C.A.

Arbitration in Northern Cyprus is primarily governed by the Arbitration and Conciliation Act (A.C.A.). Key provisions include:

Appointment of Arbitrators: Parties may mutually agree on one or more arbitrators. If they fail to agree, the Cyprus Arbitration and Dispute Resolution Centre (CADER) can appoint arbitrators as per Sections 10 and 11 of the A.C.A.

Equality and Fairness: Section 11(2) ensures that each party is treated equally during arbitration proceedings, with a reasonable opportunity to present their case

Arbitration Proceedings: Arbitration may involve oral hearings or written submissions, as outlined in Section 32.

Binding Awards: Arbitral awards are recognized under Section 36 and are binding on the parties 

While arbitration is a structured and legally binding process, it can be time-consuming and expensive. Arbitrators have fewer powers than courts to obtain necessary evidence, and a lack of mutual respect between parties can hinder the process.

Mediation and Court-Ordered ADR

Mediation is another ADR method recognized in Northern Cyprus. It is governed by the Judicature (Mediation) Rules No. 10 of 2013. Key aspects include:

Court Referral: Section 4(1) mandates that courts refer every civil action for mediation before proceeding to trial.

Duration: Mediation lasts for 60 days, with a possible extension of up to 10 days upon application, as per Section 8(1) and 8(2).

Qualified Mediators: Section 9(1) specifies that mediators must be accredited by the court, certified by CADER, or possess relevant qualifications and experience.

Court Orders: Order 12 Rule 2(1) of the Civil Procedure Rules allows courts to order ADR, including mediation, if they believe the case has potential for settlement.

Mediation is a voluntary and confidential process where a neutral third party assists disputing parties in reaching a mutually satisfactory agreement. It is often faster and more cost-effective than traditional litigation.

ADR Centres and Services

The Cyprus Eurasia Dispute Resolution and Arbitration Centre (CEDRAC) is a prominent institution offering ADR services in Northern Cyprus. CEDRAC provides arbitration and mediation services, aiming to resolve disputes efficiently and effectively. Their services include the establishment of arbitration rules, model clauses, and cost estimations. CEDRAC also offers a platform for estimating costs and accessing arbitration cases. 

Legal Framework and Judicial Oversight

The judiciary in Northern Cyprus operates under the Constitution of Northern Cyprus, which guarantees the right to access the court and a fair and public hearing within a reasonable time. The Constitution ensures the supremacy of the law and safeguards judicial independence. 

The Judiciary of Northern Cyprus interprets and applies the law, with regulations specified in the Courts Law's 38th article. These regulations include the Constitution, applicable laws, common law (judge-made law), Evkaf Rules, and regulations on Sea Law in execution as of 21 December 1963. 

Conclusion

Alternative Dispute Resolution in Northern Cyprus is governed by a comprehensive legal framework that promotes arbitration and mediation as effective means of resolving disputes. Institutions like CEDRAC play a crucial role in facilitating these processes, ensuring that parties have access to efficient and fair dispute resolution mechanisms. The judiciary's commitment to upholding the rule of law and ensuring access to justice further strengthens the ADR landscape in Northern Cyprus.

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