First of all, it is necessary to reveal what a commercial lawsuit is. Then, whether it is subject to mediation, which is a condition of litigation, will be evaluated accordingly. When conflicts arise between individuals, it is classically seen in state courts. The courts authorized by the state are both in the field of private law, in the field of public law, and in the field of administrative law, etc. They are assigned and take care of these jobs. This is sometimes criminal courts in terms of civil courts of first instance and sometimes civil courts of peace. However, in recent years, after both national and international developments, both the arbitration institution and the mediation institution as alternative solutions to disputes, which have come to the fore in our country and whose application has become increasingly widespread, appear as an institution that reduces the workload of the state and provides a quick solution to the individual. In commercial law, the provision of ttk5/a has been added in commercial cases, and a procedural condition called mediation has been brought under certain conditions in commercial cases.
ARTICLE 5/A
(1) It is a condition of action to apply to a mediator before filing a lawsuit about claims for receivables and compensation, the subject of which is the payment of a certain amount of money, from commercial lawsuits specified in Article 4 of this Law and other laws.
(2) The mediator concludes the application within six weeks from the date of his assignment. This period may be extended by the mediator for a maximum of two weeks in compulsory cases.”
Whether it is regulated in the commercial law or regulated in other laws, if the subject is to receive an amount of money, it will not be possible to go directly to the court appointed by the state, but to a mediator beforehand. If it can be understood or not understood here, it can be recorded in the minutes and a lawsuit can be filed in this way. When going directly, there is a procedural defect and the court rejects it procedural. Going to mediation is also a must in labor law.
It is called mediation in commercial cases, but in order to understand which commercial cases should be mediated, commercial cases have already been arranged in TTK4, but it is necessary to have a systematic understanding of what are the types of commercial cases. First, the types of commercial cases should be systematically understood according to both doctrinal and judicial decisions, so that it will be much easier to evaluate whether they are subject to mediation in the next time frame.