How to define (mandatory) mediation in case of commercial disputes? What is the scope of mediation in the case of commercial disputes? What are the expectations from the mediation practice in the case?SHARE
Nesibe Kurt KoncaDecember 31, 2018
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In accordance with the Article 5 / A of the Turkish Commercial Code and the Law no. Thus, it was necessary to apply to mediation before filing a lawsuit in these disputes. The regulation, which will enter into force on 1 January 2019, aims at resolving most of the commercial disputes within the mediation process, which is a friendly dispute resolution method. Mediation is a mechanism that is applied not only in our country but also in the world, as it is a method that requires a quick, easy, simple and fundamental analysis of disputes. In the case of our country, legislative studies have been carried out regarding out-of-court solution methods in both judicial and criminal judgments, taking into consideration the workload of the courts. In the Mediation Act for Civil Disputes No 6325 (HUAK), mediation of private law disputes arising out of the jobs or transactions on which the parties can freely save is arranged. With the amendments made in articles 253 and 254 of the Code of Criminal Procedure with Law No. 6763, the application area of the settlement institution has been increased.
Mediation is an objective and independent third party that brings together parties to meet and negotiate by applying systematic techniques, to establish communication process between them in order to enable them to understand each other and thus to produce their own solutions. It is defined as the method of dispute resolution with discretionary participation of individuals.1 Mediation is not a procedure of procedure but a negotiation method. Providing the parties to communicate with the mediating parties to resolve the dispute between the parties will find a solution to help them find a special training on this subject, independent and neutral
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