Mandatory Mediation in Commercial Cases: What Has Changed?
The mediation system, which has become mandatory in commercial disputes as of January 1, 2019, plays an important role in resolving commercial cases. In this system, in commercial cases regarding receivables and compensation claims, it is mandatory to consult a mediator before filing a lawsuit. Otherwise, the lawsuit filed will be rejected due to the absence of a lawsuit requirement.
Scope of mandatory mediation:
Commercial lawsuits regarding receivables and compensation claims
Claims and compensation cases that can be measured with a certain amount of money and have a commercial nature
Some cases regarding intellectual property rights
Competition disputes
Insurance compensation cases
Benefits of mandatory mediation:
Faster and cheaper solution: Mediation offers a faster and cheaper solution compared to litigation.
A conciliatory environment: Mediation provides a conciliatory environment for the parties to reach a mutual agreement.
Protecting business relationships: Mediation helps protect business relationships and prevent future disputes.
Relieving the court burden: Mediation contributes to the lightening of the court burden and the more effective functioning of the judicial system.
Mandatory mediation process:
Application: Parties can start the mediation process by applying to the mediator organization.
Mediator Selection: The parties select a mediator from the mediator list.
Information Collection: The mediator collects information about the dispute from the parties.
Negotiations: The mediator arranges meetings between the parties and helps reach a compromise.
Agreement: If the parties reach an agreement, an agreement protocol is drawn up by the mediator.
