İstanbul Gelisim Vocational School - myo@gelisim.edu.tr

Justice








 With the 7th Judicial Package, the Scope of Mediation is Extended


With the 7th Judicial Package, which came to the agenda with the statements of Minister of Justice Bekir Bozdağ, important changes regarding the mediation legislation are envisaged.



Among the legislative changes included in the 7th Judicial Package and planned to be made, those related to mediation draw attention. Accordingly, the scope of compulsory mediation is being expanded. There are many litigation issues on the agenda.
With the changes, more than one dispute will be included in the scope of compulsory mediation. These are: Disputes arising from the rental relationship, apart from eviction through execution without judgment, disputes arising from condominium ownership and disputes regarding the right of neighbors. In addition, an obligation to mediate will be introduced in the cancellation of the objection to be filed on the disputes regarding the settlement of the partnership and the issues related to commercial and labor lawsuits, negative clearance, and restitution lawsuits.

According to current legislation, an increasing number of disputes in Turkish law are subject to compulsory mediation. In other words, it is not possible to go directly to the court when any of these disputes are wanted to be the subject of a lawsuit. There is an obligation to apply to a mediator before the court. These disputes: Commercial disputes, the subject of which is the payment of an amount of money, employee-employer disputes, and consumer disputes, excluding work accidents.

With the regulation planned to be made in the 7th Judicial Package, the scope of compulsory mediation will be greatly expanded. The scope of the regulation will become clear in the coming days. It is expected that the scope of litigation mediation will not be limited to these, and that many disputes will be included in the scope of litigation mediation in the coming years.