Scope of Disputes Subject to Mediation Services Expands

Mediation was included in the legal system with the Law No. 6325 on Mediation in Civil Disputes, which was adopted in 2021. The purpose of this regulation is to reduce the workload of the courts by allowing the parties to resolve their disputes without resorting to litigation. After it was observed that this purpose was achieved in practice, the transactions subject to this method started to be expanded. With the Law No. 7445 on the Amendment of the Enforcement and Bankruptcy Law and Certain Laws published in the Official Gazette on 5.04.2023, known as the 7th Judicial Package in the public opinion, rent disputes and disputes arising from the Condominium Law (CL), disputes regarding the division of movables and immovables and the elimination of joint ownership, disputes arising from neighboring rights are included within the scope of mediation as a condition of litigation.

As of 1 September 2023, before filing a lawsuit regarding disputes subject to mediation, mediation applications shall be made to mediation offices or the parties may apply to a mediator or mediation center agreed between themselves. IIn the case of skipping the mediation phase and filing a lawsuit, the lawsuit will be dismissed for failure to fulfill the requirements.

After the disputes within the scope of the Law reach the mediator, the mediator calls the parties separately, conducts preliminary interviews and informs them about the mediation process by receiving information about the dispute. Subsequently, a meeting date is set with the parties and they come together. The mediator manages the meeting and the dispute is discussed by following a certain procedure and method. At this point, it is important that technical information about the dispute is presented impartially and accurately. The goal of mediation is to identify the needs and harmonize and meet the interests.

If an agreement is reached at the end of the mediation process, the terms of the agreement are applied. Processes that cannot be resolved are subject to litigation.

The fact that the expanded scope is related to real estate means that the consultancy of real estate professionals and licensed real estate appraisal companies will be needed more in the new process. The determinations, analyses and technically-approached recommendations to be made by these companies on a dispute-specific basis will contribute to accelerating the mediation process and resolving more disputes in a shorter period of time.