Held on January 12, 2023, the '10. Speaking at the Turkish Code of Obligations Workshop, Minister of Justice Bekir Bozdağ said that the types of cases included in mediation would be increased.
Bozdag devoted a part of his speech to mediation. Bozdağ stated that the number of cases in which the application to a mediator is mandatory before the trial will be increased and announced that a new step will be taken in this regard with the 7th Judicial Package.
According to the statement, the cases to be included in the scope of compulsory pre-litigation mediation; Disputes arising from rental receivables, disputes arising from condominium, disputes arising from neighborhood law, disputes arising from the settlement of partnership, the issue of negative clearance and cancellation of objection. In addition, Bozdağ added that new steps can be taken on mediation after the election.
Referring to the success rates in mediation in his speech, Bozdağ stated that there is a success rate of 59 percent in business cases in compulsory mediation and 51 percent in commercial cases, but this is not enough, while this rate is around 90 percent in voluntary mediation. Explaining the reason for the rates to remain at a certain level as a problem related to the adoption of mediation, Bozdağ signaled that new steps will be taken in this regard.
Underlining that new regulations will be taken to eliminate the problems and new measures will be taken to increase the success rate of mediation, Minister Bozdağ stated that studies have been started regarding this emerging need. Bozdağ added in his speech that a control order will be introduced to prevent abuse of mediation, and that necessary disciplinary provisions will be introduced.
For details, see:
https://www.adalet.gov.tr/bozdag-10-yilinda-turk-borclar-kanunu-calistayinda-konustu
