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What is Mediation?

Mediation is an impartial and specialized training program that brings the parties together in order to negotiate and negotiate by applying systematic techniques, establishes a communication process between them in order to ensure that they understand each other and thus produce their own solutions, and can offer a solution if the parties fail to produce a solution. It is a dispute resolution method carried out as a public service with the participation of an independent third party.

Mediation is divided into 2;

1- Optional Mediation is a solution method that the parties have applied to resolve the legal dispute between them, although they are not obliged to apply to a mediator.

2-Mandatory Mediation is the solution method that the parties must apply before filing a lawsuit. That is the condition of litigation. Although there was only the concept of optional mediation in our legal system in the past, compulsory mediation was introduced in labor law cases in 2018 and in commercial cases in 2019.

Is it Possible to Cancel the Mediation Minute?

Whether it is voluntary or compulsory mediation, if one of the parties applies to the mediator due to a legal dispute, the mediation process begins and the mediator sets a meeting date and provides a meeting with the parties so that the dispute can be resolved. At the end of the mediation meetings, a report is signed as a result of the meeting in a way that does not violate the confidentiality principle. However, although the parties sign the mediation report prepared in line with the decision they have reached as a result of the meeting, in some cases there may be cases where the will of the parties is corrupted. To give an example of this situation; In the case of a labor claim dispute, the worker can sign an agreement that he does not consent to as a result of pressure or threat from the employer. In this case, the employee has the opportunity to file an action for annulment and have the said report canceled. So the answer to this question is; yes, it is possible to cancel the mediation report.

What are the Reasons for Cancellation of the Mediation Record?

As we mentioned above, it is possible to cancel the mediation report. However, in order for this cancellation to be achieved, certain circumstances must have occurred. If it is necessary to give examples of these;

1- Injury of will of one of the parties

2-Over-exploitation (gabin)

3-Miscellaneous

4-Forgery

5-Impossible

6-Violation of the mandatory rules of law

It is possible to file an action for annulment of mediation for these and similar reasons.

Competent and Competent Court in the Case of Cancellation of Mediation Report

Where the disputed subject specified in the mediation report whose cancellation is requested is the authorized and authorized court when the lawsuit is filed, that is the court that is responsible and authorized for the cancellation of the mediation report. For example, since the court in charge of the labor claim is the labor court, the court in charge of the action for the annulment of the mediation report is the labor court.

Time to File an Action for Cancellation of Mediation Record

The duration of filing an action for annulment will also be determined according to the reason for the cancellation. TBK art. Pursuant to 39, if the contracting party does not notify that he is not bound by the contract or does not demand back what he has given, within one year starting from the moment he learned of the mistake or deception or the effect of the intimidation disappears, as a result of mistake or deception or intimidation, the contract is deemed to have been approved. Approval of a non-binding contract due to deception or intimidation does not remove the right to compensation.

Hunting. Oznur Yesilnacar

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