Mediation is a method of “alternative dispute resolution” (ADR) widely used in countries with developed legal systems. Mediation; It is a method that parties can use to resolve their disputes with the help of an impartial third party, without going to court or by court referral. Its flexibility and effectiveness have enabled mediation to be a dispute resolution method that brings the parties of the dispute together at the right point, even in business life, family, school and even international disputes.
Mediation in Turkey started to be implemented as an “alternative dispute resolution” method with the Law No. 6325 which entered into force on 22.06.2012. With the Law No. 6325, a new self-employment has been established and people who will practice the mediation profession have been authorized to use the title of “mediator”.
In Turkey, applying to a mediator for some disputes has become a condition of litigation. According to the provision of Article 3 of the Labor Courts Law No. 7036; In lawsuits filed with the demand of employee or employer receivables and compensation and reemployment based on the law, individual or collective labor agreements, it is regulated that a mediator should be applied to as a condition of action. In addition, with Article 20 of Law No. 7155, Article 5/A was added to the Turkish Commercial Code No. 6102, and according to this article, commercial cases listed in Article 4 of the Turkish Commercial Code and commercial cases specified in other laws, the subject of which is the payment of an amount of money, and compensation. Before filing a lawsuit about their demands, applying to a mediator has become a condition of action. In disputes in which the use of mediation is determined as a condition of litigation, if a lawsuit is filed without resorting to a mediator, lawsuits by the Courts; the case is procedurally dismissed due to the absence of condition.
– Employer-employee disputes
– Material and moral compensation
– Debit-credit relationship
– Alimony
– Rental receivable
– Dispute arising from the construction contract in return for flat
– Contractual disputes
– Partition of succession
– Evacuation
– Disputes with foreign element
– Dispute arising from consumer law
As OKKE&Partners, our team includes expert mediators working under the Registry of the Department of Mediation. Optional mediation service is provided by our Law Firm.