An analysis of the key challenges to the widespread use of mediation in the Turkish construction industry
Purpose – The Turkish Ministry of Justice submitted the Draft Law on mediation in legal disputes, which was predicated on the European Council (EC) Directive on certain aspects of mediation in civil and commercial matters, to the Turkish Parliament in June 2008. Contentious arguments have followed on the provisions of the Draft Law as well as on the overall applicability of mediation in Turkey. The purpose of this paper is to examine the context surrounding the new mediation phenomenon in order to identify the key challenges awaiting its widespread use in the Turkish construction industry.Design/methodology/approach – Two complementary approaches were adopted in this paper. First, an analysis of the most debated papers of the Draft Law is carried out to determine the potential problems associated with the legislation by making comparisons with the EC mediation directive and mediation laws in some of the member states. Second, a series of structured interviews are organized among the Turkish construction i...
An Investigation of Litigation Process in Construction Industry in Turkey
Projeler benzersiz karakteristik ozelliklerinden kaynaklanan belirsizliklerle doludurlar. Insaat projelerinin kendine ozgu nitelikleri ve teknolojileri vardir. Boylece, insaatla ilgili davalar konusunda uzman olmayan yasal uzmanlar adli surecin sagliksiz bir sekilde islemesine yol acmaktadir. Bu calismada, en sik karsilasilan anlasmazlik kaynaklarini ayirt etmek icin insaat sektoruyle ilgili uyusmazliklari siniflandirmak ve ilgili yargi aktorlerin yeterlik duzeyini ve niteligini belirlemek amaclanmistir. Buna paralel olarak, 2007-2017 yillari arasinda Turkiye'de bulunan 282 vaka ilgili iceriklerine gore siniflandirilarak analiz edilmistir. Sonuc olarak, sozlesme icerikleri, insaat projeleri, isverenler ile yukleniciler arasindaki sozlesmeler, alacak verecek iliskileri, belirlenen ana iceriklerin altindaki en sik uyusmazlik kaynaklari olarak tespit edilmistir. Ikinci olarak, ilk derece mahkemelerin ve bilirkisilerin yetersiz donanimda olmalari nedeniyle yargitayca davalarin cogunun yeniden degerlendirilmesi istenmistir.
Estimating alcohol-related absenteeism in New Zealand.
Summary 
 
Absence from work has often been regarded as a major contributor to the economic costs imposed by alcohol use. Utilising general population Survey data, this study used a variety of methods to identify those days of reported absence which were likely to be alcohol related. No clear relationship was found between heavy drinking and overall absenteeism. However, regardless of the way in which alcohol-related absenteeism was assessed there was a higher probability of occurrence among those classified as heavy drinkers. This suggests that there are clear differences between heavy and non-heavy drinkers in relation to only certain kinds of absenteeism.