LITIGATION REQUIREMENT- MANDATORY MEDIATION
Mediation has started to be implemented as an alternative conflict resolution method with the Law No. 6325 on Legal Disputes (HUAK), which first came into force on 02.06.2012 in Turkey. Though Mediation is a dispute resolution method that has been added to our legal system too late, it is performing above the standards with the intricate trainings and researchs carried out.
In which Disputes is the applicant to resort to mediation before suing?
In some of the special legal disputes, mediation must be applied before litigation, and the disputes in this scope are as follows:
MEDIATION REQUIREMENT IN DISPUTES REGARDING LABOR LAW ISSUES
It is mandotory to apply to mediation on the cases in which there is a monetary demand of either employer or employee resulting from individual or collective labor agreement and legislation. It is compulsory to contact the mediator before the lawsuit is filed in such cases. In case the party does not add the final report of mediation to the petition when it is necessary to apply to mediation before applying to court, that party will be provided with a one-week period for delivering the final report of mediation by the court and its case will be rejected consecutively if not delivered the final report in this one-week period.
MEDIATION REQUIREMENT IN COMMERCIAL CASES
For the commercial cases specified in Article 4 of the Turkish Commercial Code and other laws, in which there is a monetary demand, it is mandatory to apply to the mediator before the lawsuit is filed.
Mediation is not sought as a condition of litigation in non-contentious judicial work, such as direct bankruptcy or concordato period. In addition, if laws or contracts include arbitration clause or a different method of resolution, there will be no mediation requirement before the case.
MEDIATION REQUIREMENT IN CONSUMER COURTS
In disputes held in Consumer Courts, whose value exceeds 11,330.00 TL (for 2021) (with the exceptions set forth in Article 73/A of the Consumer Protection Law), it is mandatory to contact the mediator before the lawsuit is filed.
The Case Requirement Mandatory Mediation process is fulfilled by people who have completed the necessary legal training and completed their mediation training and exams. In such cases where as it is mandatory to apply mediation, If a lawsuit is filed before the mediation report is carried out, the case will be rejected due to the absence of a condition.
Therefore, in your disputes about the above mentioned issues, you will need to act primarily by learning if your subject is within mandatory mediation subjects . You can receive mediator service and resolve your disputes more economically and in a short time by voluntary mediation as well for the issues that are not within mandatory mediation method.