Prof. Dr. Mustafa Serdar Özbek
Mustafa Serdar Özbek
Mustafa Serdar OZBEK, a Turkish academician specializing in civil procedure law, enforcement and bankruptcy law, is Ankara Social Sciences University School of
Law’s Professor of ADR Law and Practice. He also teaches negotiation, mediation, arbitration and other dispute resolution processes at the Ankara Bar Association.
Associate Professor OZBEK directs the annual post-graduate course on Alternative Dispute Resolution and Negotiation Skills, organized by the University of Başkent and Ankara Social
Sciences University School of Law. He is also founder and former vice chair of the Ankara Bar Association ADR Center and member of the Ankara Bar Association European Union Center
(2004 - 2007).
Currently, Associate Professor OZBEK is working occasionally as a legal adviser in Ministry of Justice Directorate General of Statues, Directorate General of European Union and
Directorate General of Penal Affairs. He worked during drafting of the ADR provisions in the Draft General Administrative Procedure Act and Penal Procedure Act. He was selected to
be part of working group of experts convened to assist the Ministry of Justice’s Directorate General for Penal Affairs in drafting a Victim Offender Mediation Directive and
Code of Conduct for Turkish Mediators. Also Associate Professor OZBEK has published some articles on all ADR Recommendations adopted by the Committee of Ministers of the Council of
Europe such as family mediation (Recommendation No. R (98) 1), mediation in penal matters (Recommendation N. R (99) 19), alternatives to litigation between administrative authorities
and private parties (Recommendation Rec (2001) 9) and mediation in civil matters (Recommendation No. R (2002) 10). He translated from English to Turkish and published major ADR texts
for Turkish lawyers in Acquis Communautairelike Green Paper on alternative dispute resolution in civil and commercial law, proposal for a directive of the European
Parliament and of the Council on certain aspects of mediation in civil and commercial matters and European Code of Conduct for Mediators. A mediator of major national business
disputes, Associate Professor OZBEK is giving lessons on access-to-justice, restorative justice, family mediation, court annexed mediation, victim-offender mediation and lawyering
skills, Development in the Code of Civil Procedure, Theory and Practice of Legal Remedies in the post-graduate course of Ankara Social Sciences University School of Law’s.
Curriculum vitae
Proposed role in the project: Key expert
Family name: ÖZBEK
First names: Mustafa Serdar
Date of birth: 10.02.1977
Nationality: Turkish
Civil status: Married
Education:
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Institution [ Date from - Date to ] |
Degree(s) or Diploma(s) obtained: |
1994 - 1998 |
University of Ankara Law Faculty |
1998 - 2000 |
University of Ankara Law Faculty, Master of Law in Department of Private Law (Civil Procedure Law and Bankruptcy Law) (First Class Honors). |
2000 – 2003 |
University of Ankara Law Faculty Ph.D., Department of Private Law (Civil Procedure Law and Bankruptcy Law). |
Language skills: Indicate competence on a scale of 1 to 5 (1 - excellent; 5 - basic)
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Language |
Reading |
Speaking |
Writing |
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English |
1 |
1 |
1 |
Membership of professional bodies:
- Founder and member of Ankara Bar Association ADR Committee
- Member of Ankara Bar Association European Union Committee
- Vice Chairman of Kayseri Chamber of Commerce Arbitration and Mediation Center
- Arbitrator accredited and registered by ICC, Vienna International Arbitral Centre (VIAC), Turkey Chamber of Commerce Arbitral Centre, İstanbul Arbitral Centre, and Kayseri Chamber of Commerce Arbitral Centre.
- Chairman of Ankara Arbitration and Mediation Center
- Mediator in Civil Disputes accredited and registered by Republic of Turkey Ministry of Justice
- Mediator in Criminal Disputes accredited and registered by Republic of Turkey Ministry of Justice
Other skills: (e.g. Computer literacy, etc.)
Research Interests
- Working on academic papers and articles
- Working on alternative dispute resolution techniques such as civil, commercial, family, administrative and penal mediation.
- Using Computer (Dos, Windows, Word, Exel, Power Point, Internet)
Professional Training
- Training on Lawyering Skills and Alternative Dispute Resolution Processes.
- Training on Human Rights and Application to European Court of Human Rights.
- Training on Cross Examination and Negotiation Skills.
- Training on Victim Offender Mediation.
Present position: Professor of law at University of Ankara Social Sciences Faculty of Law and Legal Counsel of University of Ankara Social Sciences
Years within the firm: 21 years
Key qualifications: (Relevant to the project)
- Civil Procedure Law and Bankruptcy Law
- Administrative Procedure and Administrative Mediation
- Alternative Dispute Resolution (negotiation, mediation, arbitration and other dispute resolution processes)
- Access to Justice
- Law reform and efficiency of justice
- Restorative justice and penal mediation
Experience in legal expert positions in international projects:
- Member of Working Comission for Draft Code of General Administrative Procedure (2001-2003).
- Access to Justice Project, Ministry of Justice –Turkey Bar Association, Ankara Bar Association, National Legal Expert, 2007-2008.
- Support to Court Management System of Turkey, Council of Europe - Ministry of Justice - Ankara Bar Association, National Legal Expert, 2008-2009.
- Project for Victim Offender Mediation within the Framework of Restorative Justice, United Nations Development Programme (UNDP) - Ministry of Justice, National Legal Expert, 2008-2011.
- Support to Efficient Functioning of the Judiciary in Turkey for Improved Access to Justice for All, United Nations Development Programme (UNDP) - Ministry of Justice, National Legal Expert, 2011-2013.
- 10th Development Plan (2014-2018), Rapporteur of Efficiency of Justice Services Commission, Ministry of Development 2013.
- Mediation Trainer for Lawyers within Turkey Bar Association (2013-2019).
- Member of Ministry of Justice Working Comission for Draft Code of Notary (2015-2016).
- Chairman of Ministry of Justice Working Comission for Code of Conduct for Turkish Mediators
- Member of Ministry of Justice Working Comission for Draft Code of Small Claims Procedure (2015-2016).
- Member of Ministry of Justice Working Comission for SATURN Project (2015-2016).
- Chairman of Working Comission for Victim Offender Mediation Directive (12.01.2017-27.01.2017).
- Member of Ministry of Justice Working Comission for Experts Directive (19.01.2017-11.02.2017).
- Member of Ministry of Justice Working Comission for Draft Code of Enforcement and Bankruptcy (2015-2021).
- 10th Development Plan (2019-2023), Rapporteur of Efficiency of Justice Services Commission, Ministry of Development 2018.
- Member of Ministry of Justice Working Comission for Draft Code of Administrative Negotiation (2019-2021).
- Member of Ministry of Justice Working Comission for Draft Code of Mediation in Civil Disputes (2019-2021).
- Expert for National Short-Term Consultancy Services of Project on Strengthening the Institutional Capacity of the Court of Cassation in Turkey (2019-2021).
Specific experience in the region:
|
Country |
Date from - Date to |
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Date from - Date to |
REFs |
Location |
Company |
Position |
Description |
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05.09.1998-05.09.1999 |
REF #1 |
Ankara, Turkey |
Ankara Bar Association |
Junior barrister |
Attorney Training Period for apprentice to law |
|
05.09.1999- |
REF #2 | Ankara, Turkey |
Ankara Bar Association |
Attorney-at-law |
Attorney-at-law |
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05.05.2001-30.07.2003 |
REF #3 | Ankara, Turkey |
University of Ankara |
Research Assistant |
Research Assistant at the University of Ankara Law Faculty, Department of Civil Procedure Law and Bankruptcy Law |
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01-08.2003-01.08.2004 |
REF #4 | Ankara, Turkey |
Turkish Land Forces |
Reserve Officer |
Compulsory Military Service as a Reserve Officer in the Turkish Land Forces |
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15.09.2005- |
REF #5 | Ankara, Turkey |
Prokon Consultancy and Engineering Company |
Attorney-at-Law |
Attorney-at-Law and legal counseling in corporate and commercial law |
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2005- |
REF #6 | Ankara, Turkey |
Ekon Construction Company |
Attorney-at-Law |
Attorney-at-Law and legal counseling in corporate and commercial law |
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23.11.2005-29.06.2011 |
REF #7 | Ankara, Turkey |
University of Başkent Faculty of Law |
Assistant Professor |
University of Başkent Law Faculty |
|
29.06.2011-01.11.2016 |
REF #8 | Ankara, Turkey |
University of Başkent Faculty of Law |
Associate Professor |
University of Başkent Law Faculty |
|
29.11.2016-19.06.2019 |
REF #9 | Ankara, Turkey |
University of Başkent Faculty of Law |
Professor |
University of Başkent Law Faculty |
|
21.06.2019- |
REF #10 | Ankara, Turkey |
University of Ankara Social Sciences |
Professor and Chairman of Department |
University of Ankara Social Sciences Faculty of Law Department of Private Law (Civil Procedure Law and Bankruptcy Law).
(Organisation and/or planning of trainings related to fundamental rights in enforcement law) |
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09.04.2020-
|
REF #11 | Ankara, Turkey |
University of Ankara Social Sciences |
|
Legal Counsel of Ankara Social Sciences University |
Other relevant information (eg, Publications)
PUBLICATIONS
ARTICLES
-
The Special Legal Transactions Done by Notaries
102 Turkey Notaries Association Law Review 46 (1999) -
What is Alternative Dispute Resolution and Basic Settlement Methods?
56 Ankara Bar Association Journal 187 (1999). -
The Law Character of the Relationship Between the Principal and Beneficiary in the Banking Credit Letters
105 Turkey Notaries Association Law Review 50 (2000). -
What are the Differences Between Precautionary Measures and Execution of an Administrative Act?
106 Turkey Notaries Association Law Review 73 (2000). -
Refusing of the Actions for Recovery of Property Filled After Sequestration,
108 Turkey Notaries Association Law Review 71 (2000). -
“Mediation” According to Article 35/A of the Code of Lawyer
59 Ankara Bar Association Journal 113 (2001). -
The Properties and Rights that can be Leave Out of the Bankruptcy Estate,
14 Turkey Bar Association Journal 997 (2001). -
An Examination on the Draft of “Multilateral Agreement on Investment”
60 Ankara Bar Association Journal 183 (2002). -
Rights of Creditors and Debtors in the Bankruptcy Law System of the United States of America
15 Turkey Bar Association Journal 21 (2002). -
Legal Responsibilities of the Notaries Arranging Falsehood Deeds,
28 Journal of Court of Appeals 656 (2002). -
Developments that have Emerged from the World-Wide Access to Justice Movement and Alternative Dispute Resolution
51 Ankara University Faculty of Law Review 121 (2002). -
Appellate Procedure in Labor Courts
Law in the Information Society, Essays in Honour of Ünal Tekinalp, Vol. 2, Istanbul 2003, pp. 939-962. -
An Overview to Alternative Dispute Resolution Procedures
1 Galatasaray University Faculty of Law Review, Essays in Honour of Prof.Dr. Erden Kuntalp 261 (2004). -
Non-Judicial Procedures for Settling Administrative Disputes (I),
56 Turkey Bar Association Journal 47 (2005) -
Non-Judicial Procedures for Settling Administrative Disputes (II)
57 Turkey Bar Association Journal 82 (2005). -
Mediation in the Code of Penal Procedure
54 Ankara University Faculty of Law Review 289 (2005). -
Committee of Ministers of the Council of Europe Recommendation on Mediation in Penal Matters
1 Dokuz Eylül University Faculty of Law Review 127 (2005). -
Committee of Ministers of the Council of Europe Recommendation on Family Mediation
2 Dokuz Eylül University Faculty of Law Review 71 (2005). -
Development of Alternative Dispute Resolution and the New Role of Notaries in Dispute Resolution
120 Turkey Notaries Association Law Review 71 (2006). -
The Principles and Practice of Mediation in Europe
Essays in Honour of Prof.Dr. Özer Seliçi, İstanbul 2006, pp. 441-502. -
Cost-Effective Measures Taken by Council of Europe to Increase the Efficiency of Justice
55 Ankara University Faculty of Law Review 207 (2006). -
Alternative Dispute Resolution in the European Union
68 Turkey Bar Association Journal 265 (2007). -
Proposal of the European Council for a Mediation Directive
56 Ankara University Faculty of Law Review 183 (2007). - Procedure and Principles of Victim Offender Mediation within the Framework of the Amendments made in the Criminal Procedure Act , 56 Ankara University Faculty of Law Review 123 (2007).
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Restorative Justice Programs for Children Induced to Crime and Juvenile Mediation,
Essays in Honour of Prof. Dr. Turgut Akıntürk, İstanbul 2008, pp. 449-466. - An Evaluation of the Amendments Desired by the Draft Bill Providing for Amendments to the Code of Enforcement and Bankruptcy, 57 Ankara University Faculty of Law Review 463 (2008).
-
Report on Alternative Dispute Resolution within the Context of Better Access to Justice
11 Dokuz Eylül University Faculty of Law Review, Essays in Honour of Prof. Dr. Bilge Umar. 453 (2010). -
Searches for Alternative Measures in the Contemporary Criminal Justice Systems and the Practice of Mediation
1 Kazancı Law Review 116 (2010). - The Principles and Procedure of Penal Mediation in Turkish Criminal Procedure Law, 8 Ankara Law Review 153 (2011).
- Academic Titles Compatible with Attorneyship, 70 Ankara Bar Association Journal 18 (2012)
- The Legal Nature of Bankruptcy Litigation, 61 Ankara University Faculty of Law Review 207 (2012).
- The Insolvency of Intermediary Institutions According to the Capital Market Code, 61 Ankara University Faculty of Law Review 207 (2012).
- Unconstitutionality Problem of Cost Advance in Civil Procedure Law (Essays in Honour of 50th Anniversary of Court of Constutional, Ankara 2012 pp. 444-504).
- Attachability of Central Registry Agency Assets under the Law of Enforcement and Bankruptcy (Batider 2012/4, pp. 83-142).
- Analysis of Mediation Minimum Wage Tariff (Marmara University Faculty of Law Review, Essays in Honour of Prof. Dr. Ali Rıza Okur, 2014/1, pp. 1119-1156).
- Intersection Zone of Mediation and Arbitration Methods: Mediation-Arbitration (Court of Cassation Law Journal 2017/1, pp. 15-106).
- Evaluation of Court of Cassation Decisions Which Prevent Unsecured Money Debts without a Court Judgment against Consumers (Civil Procedure, Enforcement and Bankruptcy Law Review 2015/2, pp. 39-68)
- Filling of Gaps in Contracts by Arbitration (Turkey Notaries Association Law Review 2019/1, pp. 9-40)
- Arbitration Award in Arbitration Proceeding (Turkey Notaries Association Law Review 2019/2, pp. 117-198).
- Court Control over Arbitration Agreement when the Arbitration Objection Brought (Ankara Social Sciences University Faculty of Law Review 2019/2, pp. 179-253).
- Legal Results and Limits of the Principle of Separability of the Arbitration Clause from the Rest of the Main Contract (Turkey Notaries Association Law Review 2020/1, pp. 41-114).
- The Relationship Between Arbitration and State Immunity (Turkey Notaries Association Law Review 2020/2, pp. 19-79).
- Challenge of an Arbitrator in Arbitration Proceeding (Turkey Notaries Association Law Review 2021/1).
- The Procedure of Arbitration Proceeding in International Center for Settlement of Investment Disputes (Turkey Notaries Association Law Review 2021/2).
- Waiver of the Right to Annulment of an Arbitral Award (Essays in Honour of Prof. Dr. Necmeddin Berkin, Ankara 2021).
- Enforcement of Annulled Foreign Arbitral Awards (Court of Cassation Law Journal 2021/1).
BOOKS
- Falsehood in Notaries Formal Documents, 4th ed., Ankara 2018.
- Alternative Dispute Resolution, 3th ed., Vol. 1, 2, Ankara 2018.
- Efficiency of the Enforcement of Judgments in the European Union and Turkish Law, 2nd ed., Vol. 1, 2, Ankara 2018.
- Costs Advance in Civil Procedure Law, 2nd ed., Ankara 2018.
-
Victim-Offender Mediation in Criminal Procedure Law, 1th ed., Ankara 2018 (Joint book with Erdal Yerdelen, Şeyda Altuntaş, Burak Boz, Dilek Özge Erdem and Berna Ayşen Yılmaz).
- Arbitration Law (1th edition Vol. 1, 2, Ankara 2021).
- Arbitration and Mediation Codes and Regulations (1th edition Ankara 2021).
BOOK CHAPTERS
- Restorative Justice (Victim Offender Mediation in Criminal Law Education Book, Ministry of Justice Criminal Affairs General Directorate Alternative Resolutions Department, Ankara 2018, Publication No: 1, pp. 3-18).
- Procedure of Victim Offender Mediation in Criminal Prosecution Phase (Victim offender Mediation in Criminal Law Education Book, Ministry of Justice Criminal Affairs General Directorate Alternative Resolutions Department, Ankara 2018, Publication No: 1, pp. 73-145).
- Civil Procedure Law, Anatolian University Publication, Eskişehir 2020, Publication No: 4082, pp. 54-117.