Mediation is an alternative solution method. Mediation; It is a method that can be used to resolve the dispute with neutral third-party assistance. The mediator is not a party to the dispute and is even a neutral third party.

With the article 5 / A added to the Turkish Commercial Code, mediation has become a condition for commercial cases since 01.01.2019. If the mediator does not go to the mediator in commercial cases, there will be a PROCEDURE REFUND.

What Are The Mediation Conditions In Commercial Cases?

The subject of the dispute is an issue on which the parties can freely save,
The subject of the dispute is about the claims and compensation claims, which are the payment of a certain amount of money,
Excluding the situations where there is an obligation to apply for arbitration or another alternative dispute resolution in the special laws subject to the dispute or where there is an arbitration agreement,
One of the conditions for applying to the mediator is that there is a commercial case pursuant to the law numbered 6102 or special laws.

The mediator first meets with the parties to get information about the dispute and determines a suitable day and a suitable time for the first meeting. Prepares an invitation letter for the invitation to the first meeting and invites the parties to the first meeting.

The law stipulates severe sanctions for the party that does not attend the first session without a valid excuse. The law stipulated an obligation to attend the meeting only for the first session.

In the event that an agreement is reached at the end of the mediation activity, the parties cannot be sued for the matters agreed upon. In accordance with this article, the agreement document is important in terms of not filing a lawsuit on the agreed issues.

The agreement document signed by all parties and their attorneys and the mediator is deemed to be a document in the nature of a declaration “without seeking enforceability annotation”.

The parties may participate in the mediation negotiations personally, through their legal representatives or their lawyers. Attorney attending the mediation meeting as a party representative must have Special Authority Regarding Alternative Remedies in the power of attorney.

In order to get detailed information on the subject and to protect and obtain your rights, it would be appropriate to seek help from a lawyer who is expert in the field.

Lawyer Senem YILMAZEL