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  FROM DISCUSSION TO NEGOTIATION (2)

A process where nothing worth a thing…
You have the latest model car at the door, you cannot get in.
You cannot leave your luxury home.
You have a boat in the marina, you cannot sail to the blue.
The workplaces in luxury plazas and your fancy clothes no longer matter.

I wonder if Ýsmet Özel was able to foresee these days when he said, “My brothers, the winter is coming”?
Argumentative.

All of a sudden, we found ourselves in a world of unknown, unnatural organisms produced by the human mind, l
iving things with synthetic DNA,
artificial organs,
thinking and even self-learning, fighting robots,
artificial intelligence…

While the process supported how we work instead of where we work, how we use the information instead of what we know and the fact that we know everything, we have suddenly evolved into the NEW NORMS era, where it is talked about how we benefit from the knowledge and skills of others.

We need to understand the changing world in order to understand Mediation, which we define under the title of from Discussion to Negotiation.

As you know, the change starts with changing the way you think.. This change has to be in the first place and also in the casuistic point of view.. “Today's world has left behind the days when the law directs technology, and has already sailed into the new era in which technology directs and guides the law..

As long as we do not change our thinking ability, perception and decision reasons, it takes time for us to accept innovations and keep up with change.

If we want to reach this new wealth, it is necessary to change our way of thinking, which is dominated by stereotypical annd taught habits. The business world has already closed the era of learning and working with certain patterns, that is, the Industrial era.

The game is on very differently in the world of small and medium-sized businesses which are tiny, fast, take immediate decisions and take action.

If we cannot change the way we think as a society, the CONFLICT will deepen as a result of incompatibility with the rules of the NEW WORLD OF NORMS.

We were caught flat-footed.
If we continue to behave like this, it seems difficult for us to succeed.
In order to identify the problem and produce a solution, we need to analyze the causes correctly.
We have been marginalized with the concepts of “This”, “That”, “It”; "These", "Those", "They" since 1936.
We were castrated among ourselves; we were shattered.
WE COULD NOT BE "US"..

While this is the result, it will be nothing but a waste of time to discuss who did it with what motive.

We did not see, and did not want to see that the language of THE OTHER, which was played and fictionalized on our “ethnic” and “sectarian” richness, carried the social separation to this day from centuries ago, and that this language kept the separation alive and turned it into a FIGHT.


Our political foresight exploited our sincere feelings.
We didn't even notice.

The conflict destroyed our social trust. HOPE left our historical, cultural and religious geography along with our country.

For the last 40 years, the CONFLICT has deepened as the language OTHER has been continuously used mercilessly.

As a result it brought POLITICAL AND ECONOMIC FAILURE..
Our young people at the age of secondary education want to leave our country.

Fukuyama made the determination that nations that cannot gain social trust "cannot achieve economic and scientific success", for our country which is at the last place of the world trust survey..

A concept was introduced at the "Education Berlin" meeting held on 05/07- December 2018-2019.
CONNECTIVITY..

At the meeting, it was emphasized that “EVERYTHING THAT EXISTS ON EARTH NEEDS EACH OTHER...

We could not build social trust. Therefore, we do not see our differences as richness. The biggest obstacle in front of this is our exposure to outdated psychological movements and asymmetric warfare methods that have lost their function. While we have been talking about the lack of a system for years, we now have to face the fact that change and transformation take place first and foremost in our political system.

Otherwise it will be too late..

Yusuf Has Hacip has foreseen this day centuries ago with the determination of "The nature of the world has changed, people's hearts and tongues do not match" in Kutadgu Bilig. Now we have the chance to match our hearts and our tongues to each other..

It is known that the concepts and paradigms that exist in the world have been drained out. Here we have a historical opportunity served on a silver platter to build our own NEW WORLD, to create our own concepts and paradigms and to achieve CHANGE and TRANSFORMATION..

As you appreciate, I would like to reiterate, for the purpose of emphasizing, that change and transformation first start with thought.

You may call what I said a dream.. We now have a point of view served on a silver platter in order to understand, explain and BUILD FUTURES in the new era… Mediation Perspective,,

The point of view of mediation, which has evolved from position to benefit and to move forward together, a new understanding that will get people out of an environment that is kneaded with dirty information and that leads people to a dead end, and even a perspective that can prevent data poisoning in the digital era,

It is necessary to gain the ability to NEGOTIATE, which is interest-oriented, the area of application for the perspective, and the parties gain together.

Starting the negotiation is the beginning of showing our goodwill.. Maybe it's a test of our sincerity...

Halil Cibran says, "Sincerity makes those who do it honorable".

The struggle of our valued Lawyer-Mediator colleagues, who believe in this work as well as the highest and lowest relevant officials of the Legislator and the political authority, with the WIN-WIN principle has placed our country in a successful position in the field of mediation today...

However, we see the understanding of Turkish Type of progress here as well.

“The caravan gets better on the way”…

We urgently need to abandon this perception, understanding and behavior.

The process should not be wasted on bureaucratic I-know mentality, political ambition, and materialist thinking.

We must create the PHILOSOPHY OF MEDIATION, which has not been built up to now. We must be able to explain that mediation is not an institution measured by the number of files in the courts and creates a one-sided benefit for the employer, it is an essential need for SOCIAL PEACE, SOCIAL TRUST, and a LEGAL INSTITUTION that addresses it.

A MEDIATION INSTITUTE should be established urgently under TOBB, which is a wealth of our country, where our Ministry of Justice carries out the uniformity of applying its academic dimension with the cooperation of the University, with the mediators in the field, and the legislation is regulated by our Ministry of Justice.

The transfer of the knowledge of our Ministry to the field regarding the successful practices on a world scale should be ensured to be completed and put into practice as soon as possible,

Without forgetting our lawyer colleagues who believe in mediation, the place of Mediation Centers in adequacy requirements, independent audit procedures and legislation should be defined urgently, by protecting individual Mediation.

If we can achieve this, our Nation and State, which is AN EXPECTED, can regenerate the hope that has left our geography by growing the Pine Tree that grows in the Shadow of the Centennial Sycamore Tree, as Ali Fuat Baþgil said, in our historical, cultural and faith geography, which has been a hope and light for humanity for centuries. We can tell that hope does not leave the expected..

Now, we have to change our way of thinking, not with our own political-geographical borders, but with our historical responsibility.

“WE SHOULD BE READY TO NEGOTIATE EVERYTHING OTHER THAN THE LOVER’S CHEEK (honor, homeland, flag), AND WE MUST HAVE THE ABILITY TO NEGOTIATE.”

The World Trade Organization's determination that the world's new center of gravity as of 2020 is the KHAZAR REGION, and the recommendation to the member countries to create Negotiation expertise in businesses brought along another opportunity.

It is an opportunity to implement the principle of least cost, shortest time and highest efficiency in commercial disputes,

The fact that 50 of the world's largest 250 Turkish Contracting companies are the success of our country's people obliges us to have a fast and agile perspective on doing business together.

While it is predicted that the post-epidemic production of developed countries, especially the USA, which produces 85% of the 100 units produced in the world, will decrease by 35%, we need Mediation more than ever in order to overcome the problems to be experienced in our economy, which produces 1.5% unit production in the world economy.

Let's not forget.. In the Silicon Valley of the USA, there is a motto; "TIME IS THE DEVIL, SPEED IS GOD".

"Do not complain,
make a story
You shine a little light...
Let it illuminate a person's world,
Lightning flashes in your mind,
Let it fly with love and enthusiasm”
(Yeni Þafak Newspaper Writer-Yusuf Kaplan)

Let's write a story together that we will be a part of the solution...

'Mr. Dursun YASSIKAYA,

 

 

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