01.07.2019

M e d i a t i o n   c o n d i t i o n   i n   c o m m e r c i a l   l a w s u i t s  

With the Law published in the Official Gazette dated 19 December 2018 and numbered 30630, mediation was brought as a condition to file a lawsuit for commercial receivables. Within this scope, some provisions of the Turkish Commercial Code (“TCC”) and the Law on Mediation in Civil Disputes (“HUAK”) have been amended.

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Before mentioning about these changes, it is useful to mention about mediation institute. Mediation is a way of dispute resolution which is implemented in Europe and U.S over 40 years. It is a process in which the problem is solved by mutual negotiation with a mediator and the parties who have a dispute that may be the subject matter of a lawsuit. The most important result of this definition is the difference of duties between the court and mediation. Because judgment of a dispute in a court is given by the judge. However, the mediator does not have such an authority in the mediation system. 

The mediator acts as a bridge between the parties of a dispute by using various communication techniques, allowing parties to settle among themselves.

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Author:

David Sercan Söğüt

Intern Lawyer

GRATA International associate office in Turkey, Istanbul. 

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