Litigation is the right of every citizen to apply to the judiciary regarding any event, dispute or legal issue. The party suing is called the “claimant” or “plaintiff”. The party being sued or sued is called the “defendant”. Litigation can be a matter of resolution of a dispute. However, the event or issue that may be the subject of the lawsuit can be resolved without the need for a lawsuit with the settlement institution. As CKAY Law Firm, we take an active role in litigation and dispute resolution processes. So what is the case? What is the right to sue? How is a lawsuit filed? What is a dispute? How does the dispute resolution process begin? You can check our article for answers to these questions and more!
What ıs Case?
The case is defined in the Turkish Language Institution (TDK) as “applying to the judicial organs for the provision of protection by a provision”. Litigation, which is a judicial process, is the protection of a right. In the proceedings, the parties may represent themselves or be represented by their lawyers. During the litigation process, the parties are obliged to produce all kinds of evidence. The plaintiff may call witnesses to present his case. The main purpose here is to persuade the court or the judge in his claim. A lawsuit has two sides: the plaintiff and the defendant. “Plaintiff” to the person suing; The person being sued is defined as the “defendant”.
What ıs the Rıght to Case?
The right of action is the right to take legal action to obtain or protect the right of a right holder when he or she fails to obtain a result or decides that the request will not be beneficial. In other words; The right of the right holder to take legal action is called the “right of action”. The right to action is stated in the constitution, “Everyone has the right to a fair trial by claiming and defending as plaintiff and defendant before the judicial authorities by making use of legitimate means and means.” fixed by the statute.
Who ıs FIle Suıt?
According to the legal system, every citizen has the right to sue for any dispute resolution. The plaintiff, that is, the natural or legal person who has already filed a lawsuit, can represent himself in court or can agree with a lawyer to represent himself. There is no requirement for a lawyer to file a lawsuit; however, lawyers contribute to the favorable outcome of the case as they know the technical and legal issues related to the relevant case.
How to Open a Case?
We can face many problems in life. Lawsuits can be filed for different purposes in order to eliminate the grievances experienced in many issues such as violation of rights, non-payment of receivables, unfair dismissal, assault and injury, or to punish the person, persons or institutions that are thought to be guilty. The lawsuit is filed for a dispute resolution. So, how is a lawsuit, which is a trial process, opened? There are many pre-litigation settlement establishments. If the reconciliation negotiations between the parties are positive, there is no need to file a lawsuit. If no results are obtained from the dispute resolution, the parties have the right to file a lawsuit, that is, the right to apply to the judiciary. According to Article 36 of the Constitution, every citizen has the right to file a lawsuit. To file a lawsuit, it can be agreed with a lawyer or the plaintiff can file a lawsuit himself. People who do not want to deal with legal procedures or who think that they cannot get a positive result from the case because they do not have a good understanding of legal issues, may choose to file a lawsuit with a lawyer. To file a lawsuit, it is sufficient to prepare a lawsuit petition and pay the necessary court fees. When the application is made to the court regarding the lawsuit petition, the litigation process begins.
How to Fıle a Case from UYAP?
The question of how to file a lawsuit from UYAP(national judicial network information system) is one of the frequently encountered questions in litigation processes. An electronic signature certificate is required to file a lawsuit at UYAP. In the UYAP system, when the lawsuit petition and its annexes are uploaded to the system with UYAP-compliant documents from the category of “filing a lawsuit”, the process of filing a lawsuit begins. At UYAP, litigation fees or other payments can be made by credit card. Following these procedures, information such as the case number, the date of the hearing and the court where the hearing will be held are reported via UYAP.
What ıs Lıtıgatıon?
Disagreements can arise on any issue in relations between people. Sometimes, a judicial remedy is open for the resolution of disputes about a debt and sometimes a right. However, there are also alternative dispute resolution methods before litigation. A neutral third party steps in for dispute resolution. Thus, solutions can be produced to eliminate the conflict. Alternative resolution methods are an institution used for pre-trial dispute resolution in courts. This institution aims to reconcile the parties with their own will, instead of solving the disputes with the right of litigation.
What ıs Alternatıve Dıspute Resolutıon?
Disagreement can be valid for any person at any time. Putting an end to conflicts is a situation that preserves social peace. For this reason, there are alternative dispute resolution systems instead of litigation arbitration in relations between people. Alternative dispute resolution is not an alternative to the judicial system. The purpose here is not to disable the judicial system for dispute resolution. Alternative dispute resolution aims to resolve disputes in an easy way without harming the jurisdiction of the state. In other words, conflict resolution; It is to provide support to the parties in legal disputes by a third party and to agree on the disputes and finally to resolve the dispute by using the mutual will of the parties.
What ıs Medıatıon?
Mediation is an institution that ensures the determination of the method of resolution of disputes between the parties before they are brought to the court process. Lawyers registered with the Ministry of Justice can mediate. The mediator represents the client in the mediation process and ensures the mediation negotiations. As CKAY Law Firm, we provide mediation services for all kinds of dispute resolution.
CKAY Law Fırm – Lıtıgatıon and Dıspute Resolutıon
CKAY Law Firm provides preventive and preventive legal risk management and consultancy, arbitration, mediation and litigation dispute services. We serve with a team that has experience in the necessary follow-ups in all kinds of national and international judicial and arbitration processes. We provide services in different areas in the field of litigation arbitration and dispute resolution. We provide litigation, arbitration and dispute resolution services in different legal matters, especially cases related to disputes arising from commercial contracts.
Some of the services provided by CKAY Law Firm in the fields of litigation arbitration and dispute resolution are as follows;
- Commercial disputes,
- Consumer protection,
- Intellectual and industrial property rights,
- Real estate disputes,
- Tax disputes,
- Disputes arising from insurance contracts,
- Collection of receivables through litigation.
We provide necessary consultancy services to our clients in our litigation arbitration and dispute resolution services. In the event that disputes cannot be resolved, we provide support in the necessary litigation arbitration processes. In addition, we aim to provide the best possible solution against legal, commercial and financial risks. Our lawyers, who are experts in their fields, provide service in our litigation arbitration and dispute resolution services. We provide services to our clients for all kinds of litigation and dispute resolution, from commercial cases to business cases, from criminal cases to enforcement cases, adding value to the process!